United States v. Moreno

McCORD, Circuit Judge.

This is an appeal by the United States from a judgment ordering restored to claimant, Rafael Moreno, 22 tires and 22 tubes which the Government seeks to forfeit under the Export Control laws. Title 22 U.S.C.A. § 401.

The question presented is whether, at the time of their seizure, the tires and tubes were about to be unlawfully exported from the United States in such manner as to be subject to forfeiture under the statute.

On the morning of June 7, 1946, information was received by the United States Customs Service that an attempt would be made to export a new truck tire…