Legal Opinion

Gines-Perez v. Kelly

Court of Appeals for the First Circuit

Decided June 27, 2003No. 02-1525Published

1Opinion of the Court

SELYA, Circuit Judge.

Plaintiff-appellant Luis Gines-Perez appeals from the district court’s entry of summary judgment in favor of Raymond W. Kelly, Commissioner of the United States Customs Service (the Service). The underlying case involves the Service’s seizure of a boat belonging to the appellant on the ground that a culpable connection existed between the boat and certain money laundering and drug-trafficking activities. See 18 U.S.C. § 1956; 21 U.S.C. § 841. The appellant claims that the Service’s actions violated the Due Process Clause of the Fifth Amendment. We agree.

I

The genesis of…

2Cases cited3 opinions

  1. United States v. Von NeumannSupreme Court of the United States · 1986
  2. Alberto Boero v. Drug Enforcement AdministrationCourt of Appeals for the Second Circuit · 1997
  3. United States v. One 48 Ft. White Colored Sailboat Named "Libertine"District Court, D. Puerto Rico · 1999

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