Legal Opinion

United States v. Rice

Court of Appeals for the Eighth Circuit

Decided May 13, 2010No. 09-3079PublishedCited by 16 opinions

1Opinion of the Court

GRUENDER, Circuit Judge.

Darwin Rice appeals from a garnishment order entered by the district court 1 allowing the Government to seize and sell Rice’s stored grain in an effort to satisfy restitution owed to the United States as part of his criminal sentence. Rice argues that the district court sua sponte should have stayed its decision on the garnishment order, pending resolution of other claims the Government has made against his other property. Alternatively, Rice argues that the district court sua sponte should have abstained from exercising jurisdiction over the garnishment proceeding…

2Cases cited8 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  3. Reiter v. CooperSupreme Court of the United States · 1993
  4. United States v. Darwin G. RiceCourt of Appeals for the Eighth Circuit · 2006
  5. Fru-Con Construction Corp. v. Controlled Air, Inc.Court of Appeals for the Eighth Circuit · 2009

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3Cited by16 opinions

  1. Wakaya Perfection, LLC v. Youngevity InternationalCourt of Appeals for the Tenth Circuit · 2018
  2. The Chlorine Institute, Inc. v. Soo Line RailroadCourt of Appeals for the Eighth Circuit · 2015
  3. Ritchie Capital Management, L.L.C. v. JeffriesCourt of Appeals for the Eighth Circuit · 2011
  4. Ritchie Capital Management, L.L.C. v. BMO Harris Bank, N.A.Court of Appeals for the Eighth Circuit · 2017
  5. Ritchie Capital Management, L.L.C. v. JeffriesDistrict Court, D. Minnesota · 2012

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