United States of America, Cross-Appellant v. Charles G. Floyd, Jr., Cross-Appellee

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We vacate a pretrial restraining order freezing certain of defendant Floyd’s assets that were untainted by the alleged criminal offenses, persuaded that the forfeiture statute does not authorize their restraint before conviction. We do not reach the government’s cross-appeal contending that insufficient sums were restrained. We find our jurisdiction under 28 U.S.C. § 1292(a)(1).

I

Charles G. Floyd, Jr. is the former President and CEO of United Bank. His eode-fendant Thomas Merrill Gaubert was a real estate developer who borrowed money from United Bank. The…