Legal Opinion

United States v. Kennedy

Court of Appeals for the Eleventh Circuit

Decided January 28, 2000No. 98-3455PublishedCited by 47 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

The ultimate question in this case is whether a state divorce court can defease the United States of its interest in property forfeited under the criminal forfeiture provisions of 18 U.S.C. § 982 (1994) and 21 U.S.C. § 853 (1994). We answer this question in the negative.

I

A

On January 27, 1995, a federal grand jury in the Middle District of Florida indicted Byron Kennedy (“Kennedy”) on twelve counts of mail fraud in violation of 18 U.S.C. § 1341 (1994), 1 and two counts of unlawful monetary transactions in violation of 18 U.S.C. § 1957 (1994). 2 The indictment included a…

2Cases cited13 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. United States v. ReckmeyerCourt of Appeals for the Fourth Circuit · 1987
  3. United States v. Certain Real Property Located at 2525 Leroy Lane, West Bloomfield, Michigan, and Leah Liza MarksCourt of Appeals for the Sixth Circuit · 1990
  4. United States v. One 1976 Mercedes Benz 280S, Serial No. 11602012072193Court of Appeals for the Seventh Circuit · 1980
  5. United States v. One Single Family Residence With Out Buildings Located at 15621 S.W. 209th AvenueCourt of Appeals for the Eleventh Circuit · 1990

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3Cited by47 opinions

  1. United States v. Mauricio Javier PucheCourt of Appeals for the Eleventh Circuit · 2003
  2. United States v. Michael Gilbert, Karen Gilbert, Michael Gilbert Family Irrevocable Trust, Third Party Claimants-AppelleesCourt of Appeals for the Third Circuit · 2001
  3. Barbara Pacheco, United States of America v. John Serendensky, A/K/A John Vitolano, Joseph Foti & Guy FotiCourt of Appeals for the Second Circuit · 2004
  4. Fischer v. S/Y NERAIDACourt of Appeals for the Eleventh Circuit · 2007
  5. Fed. Ins. Co. v. United States, United States v. MazerCourt of Appeals for the Second Circuit · 2018

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