Legal Opinion
United States v. One Parcel of Real Property With Buildings
District Court, D. Rhode Island
Decided May 4, 1998No. C.A. 93-0511MLPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND DECISION
LISI, District Judge.
This is a civil forfeiture action brought by the government against the property of claimant George Zapata. The forfeiture of Zapata’s home and real estate is sought pursuant to 21 U.S.C. § 881(a)(7). Zapata argues that the forfeiture of his property is prohibited by the limitations of the Excessive Fines Clause of the Eighth Amendment.
I. Procedural History
This court previously dismissed this action believing that forfeiture of Zapata’s property would violate the Double Jeopardy Clause of the fifth Amendment. In so doing, it did not reach Zapata’s…
2Cases cited26 opinions
- Solem v. HelmSupreme Court of the United States · 1983
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Austin v. United StatesSupreme Court of the United States · 1993
- United States v. UrserySupreme Court of the United States · 1996
- Alexander v. United StatesSupreme Court of the United States · 1993
21 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. One Parcel of Real Property With Buildings, Appurtenances & ImprovementsCourt of Appeals for the First Circuit · 2004
- United States v. Real Property With Any Improvements Thereon Located at 40 Clark RoadDistrict Court, D. Massachusetts · 1999
- United States v. Real Property, Buildings, Appurtenances & ImprovementsDistrict Court, D. Massachusetts · 2000
- United States v. 6941 Morrison Drive, DenverDistrict Court, D. Colorado · 2013