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United States v. $38,570 U.S. Currency, Francisco Flores, Jr., Claimant-Appellant

Court of Appeals for the Fifth Circuit

Decided January 15, 1992No. 90-2667, 90-2982PublishedCited by 118 opinions

1Opinion of the Court

KING, Circuit Judge:

Francisco Flores, Jr. (“Flores”) appeals an order of the district court finding that Flores failed to establish standing to claim $38,570 seized following his arrest by Drug Enforcement Administration (“DEA”) agents, and striking his claim to the currency and his answer to the government’s complaint. We find that the district court erred regarding Flores’ standing but did not abuse its discretion in striking his claim and answer. We therefore affirm.

I. STATEMENT OF THE CASE

Pursuant to 21 U.S.C. § 881(a)(6), DEA agents seized $38,570 from Laura Hernandez, a passenger 1 in a…

2Cases cited20 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. United States v. Three Hundred Sixty Four Thousand Nine Hundred Sixty Dollars ($364,960.00) in United States CurrencyCourt of Appeals for the Fifth Circuit · 1981
  3. United States v. $38,000.00 in United States Currency, David English and Michael William English, Claimants-AppellantsCourt of Appeals for the Eleventh Circuit · 1987
  4. Public Interest Research Group of New Jersey, Inc. v. Powell Duffryn Terminals Inc.Court of Appeals for the Third Circuit · 1990
  5. United States v. $321,470.00, United States Currency, Appeal of Michael Cambeletta, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1989

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3Cited by118 opinions

  1. Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-Appellant. Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-AppelleeCourt of Appeals for the Fifth Circuit · 1996
  2. Clara Torres v. $36,256.80 U.S. CurrencyCourt of Appeals for the Second Circuit · 1994
  3. Sierra Club, Lone Star Chapter v. Cedar Point Oil Co.Court of Appeals for the Fifth Circuit · 1996
  4. United States v. $133,420.00 in United States CurrencyCourt of Appeals for the Ninth Circuit · 2012
  5. United States v. Contents of Accounts Nos. 3034504504 & 144-07143 at Merrill, Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1992

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