United States v. Charles Dunn

KELLEHER, Senior District Judge:

Appellant United States of America appeals from an order enjoining its prosecution in the District Court for the Western District of New York, John T. Elfvin, J., of a civil forfeiture proceeding against the sum of $28,500.

Appellee Charles Dunn was indicted February 8, 1985 on charges of possessing cocaine with intent to distribute. Included in the indictment were applications, pursuant to 21 U.S.C. § 853, for criminal forfeiture of two sums of currency, $4,000 and $28,500. These were the amounts allegedly tendered by appellee to Drug Enforcement Agency agents…