Legal Opinion

United States v. One Beechcraft King Air 300 Aircraft

Court of Appeals for the Eleventh Circuit

Decided January 8, 1997No. 96-2545PublishedCited by 12 opinions

Non-Argument Calendar.

1Per curiam

The issue presented in this appeal is whether the district court correctly upheld the constitutionality of 19 U.S.C. § 1615 as applied in this case. 1 Appellant contends that 19 U.S.C. § 1615 is unconstitutional as applied in this case because the forfeiture of its property based only upon a showing of probable cause denied it due process of law. It argues that a higher burden of proof is required because civil forfeitures constitute punishment for purposes of due process. We disagree.

We agree with the First, Second, Fourth, Seventh, Ninth and Tenth Circuits, which all have explicitly upheld…

2Cases cited6 opinions

  1. United States v. UrserySupreme Court of the United States · 1996
  2. United States v. $250,000 in United States Currency, (Two Cases) Appeal of Amador Rodriguez-Ramos (Two Cases)Court of Appeals for the First Circuit · 1987
  3. United States v. One 1970 Pontiac GTO, 2-Door HardtopCourt of Appeals for the Ninth Circuit · 1976
  4. United States v. Real Property & Residence at 3097 S.W. 111th AvenueCourt of Appeals for the Eleventh Circuit · 1991
  5. United States v. 228 Acres Of Land And Dwelling Located On Whites Hill Road In Chester, Vt.Court of Appeals for the Second Circuit · 1990

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3Cited by12 opinions

  1. United States v. Property, Parcel of Francisco Aguilar, Claimant-AppellantCourt of Appeals for the Second Circuit · 2003
  2. United States v. Melrose East Subdivision, Third Filing, East Baton Rouge Parish Louisiana, Lyman D. White, Claimant-AppellantCourt of Appeals for the Third Circuit · 2004
  3. UNITED STATES of America, Plaintiff-Appellee, v. $49,576.00 U.S. CURRENCY, Defendant, Francisco Lombera, Claimant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  4. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1998
  5. United States v. Land, Winston CountyCourt of Appeals for the Eleventh Circuit · 1998

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

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