Legal Opinion

Von Hofe v. United States

Court of Appeals for the Second Circuit

Decided June 27, 2007No. 05-2969-cvPublishedCited by 43 opinions

1Opinion of the Court

WESLEY, Circuit Judge:

Claimants Harold and Kathleen von Hofe appeal from a civil judgment ordering the forfeiture of their home, 32 Medley Lane. They contend the forfeiture violates the Excessive Fines Clause of the Eighth Amendment, which “limits the government’s power to extract payments, whether in cash or in kind, as punishment for some offense.” Austin v. United States, 509 U.S. 602, 609-10, 113 S.Ct. 2801, 125 L.Ed.2d 488 (1993) (internal citation and quotation marks omitted). We affirm the forfeiture of Mr. von Hofe’s interest in 32 Medley Lane, but not the forfeiture of Mrs. von…

2Cases cited29 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Robinson v. CaliforniaSupreme Court of the United States · 1962
  4. Stinson v. United StatesSupreme Court of the United States · 1993
  5. Austin v. United StatesSupreme Court of the United States · 1993

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

3Cited by43 opinions

  1. United States v. SabhnaniCourt of Appeals for the Second Circuit · 2010
  2. United States v. ViloskiCourt of Appeals for the Second Circuit · 2016
  3. United States v. GeorgeCourt of Appeals for the Second Circuit · 2015
  4. United States v. Sum of $185,336.07 United States Currency Seized From Citizen's Bank Account L7N01967Court of Appeals for the Second Circuit · 2013
  5. United States v. DavisCourt of Appeals for the Second Circuit · 2011

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

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