Legal Opinion

United States v. One (1) 1969 Buick Riviera Automobile Serial No. 69-49487 Euc 187877

Court of Appeals for the Fifth Circuit

Decided May 1, 1974No. 73-2877PublishedCited by 19 opinions

1Opinion of the Court

TUTTLE, Circuit Judge:

The issue on appeal is narrow and straight forward: Whether a dismissal with prejudice of a criminal indictment charging violations of 21 U.S.C.A. § 841(a)(1) and § 952(a), marijuana importation, bars a subsequent forfeiture action brought under 19 U.S.C.A. § 1595a(a) and 49 U.S.C.A. § 781, when the two actions arise out of the same transaction ?

The case was submitted to the district court on stipulated facts on the basis of which both parties moved for summary-judgment. Robert Gustin, intervening claimant and owner of the defendant-car, had used the car to drive to the…

2Cases cited7 opinions

  1. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  2. United States v. United States Coin & CurrencySupreme Court of the United States · 1971
  3. One Lot Emerald Cut Stones and One Ring v. United StatesSupreme Court of the United States · 1972
  4. Coffey v. United StatesSupreme Court of the United States · 1886
  5. United States v. RosenthalCourt of Appeals for the Fifth Circuit · 1909

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

3Cited by19 opinions

  1. United States v. One 1975 Ford F100 Pickup Truck Sn F10yuv83579Court of Appeals for the Fifth Circuit · 1977
  2. United States v. One Clipper Bow Ketch Nisku, Ralph G. Washington, Claimant-AppellantCourt of Appeals for the First Circuit · 1977
  3. United States v. Alberto CastroCourt of Appeals for the Eleventh Circuit · 1989
  4. United States v. "Monkey"Court of Appeals for the Fifth Circuit · 1984
  5. Fred M. Vance v. United StatesCourt of Appeals for the Fifth Circuit · 1982

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

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