United States v. One (1) 1969 Buick Riviera Automobile Serial No. 69-49487 Euc 187877
Court of Appeals for the Fifth Circuit
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
- United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
- United States v. United States Coin & CurrencySupreme Court of the United States · 1971
- One Lot Emerald Cut Stones and One Ring v. United StatesSupreme Court of the United States · 1972
- Coffey v. United StatesSupreme Court of the United States · 1886
- United States v. RosenthalCourt of Appeals for the Fifth Circuit · 1909
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3Cited by19 opinions
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- United States v. Alberto CastroCourt of Appeals for the Eleventh Circuit · 1989
- United States v. "Monkey"Court of Appeals for the Fifth Circuit · 1984
- Fred M. Vance v. United StatesCourt of Appeals for the Fifth Circuit · 1982
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