Legal Opinion

United States v. Certain Real Property and Premises Known as 38 Whalers Cove Drive, Babylon, New York, Edward J. Levin, Claimant-Appellant

Court of Appeals for the Second Circuit

Decided January 3, 1992No. 981, Docket 90-6268PublishedCited by 114 opinions

1Opinion of the Court

WALKER, Circuit Judge:

Claimant Edward J. Levin appeals from a judgment of forfeiture entered pursuant to 21 U.S.C. § 881(a)(7) on October 4, 1990, in a civil proceeding in the Eastern District of New York (Eugene H. Nickerson, Judge). That judgment deprived Levin of his residence, which is located at 38 Whalers Cove Drive, Babylon, New York. We find that the forfeiture was authorized by the statute and not prohibited by substantive due process. Levin also argues that the forfeiture must be classified as punishment under United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487…

2Cases cited38 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Daniels v. WilliamsSupreme Court of the United States · 1986
  3. North Carolina v. PearceSupreme Court of the United States · 1969
  4. Solem v. HelmSupreme Court of the United States · 1983
  5. Harmelin v. MichiganSupreme Court of the United States · 1991

33 more not listed; retrieve them via the Exa API.

3Cited by114 opinions

  1. Austin v. United StatesSupreme Court of the United States · 1993
  2. United States v. Plat 20, Lot 17Court of Appeals for the First Circuit · 1992
  3. Lowrance v. AchtylCourt of Appeals for the Second Circuit · 1994
  4. United States v. DaccarettCourt of Appeals for the Second Circuit · 1993
  5. United States v. CarsonCourt of Appeals for the Second Circuit · 1995

109 more not listed; retrieve them via the Exa API.

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