Legal Opinion
United States v. Certain Real Property and Premises, Known as 890 Noyac Road, Noyac, New York, and Josephine A. Counihan, Claimant-Appellant
Court of Appeals for the Second Circuit
Decided October 3, 1991No. 900, Docket 90-6231PublishedCited by 35 opinions
1Opinion of the Court
MAHONEY, Circuit Judge:
Claimant-appellant Josephine A. Couni-han appeals from a judgment of the United States District Court for the Eastern District of New York, Leonard D. Wexler, Judge, entered on July 2, 1990, following a jury trial, that forfeited her interest in defendant real property pursuant to a provision of the Comprehensive Crime Control Act of 1984, 21 U.S.C. § 881(a)(7) (1988). Counihan contends, inter alia, that the government was improperly allowed to amend its complaint to conform to the proof at trial.
We agree, and accordingly reverse and remand.
Background
A. The Facts.
Josephi…
2Cases cited8 opinions
- United States v. 4492 South Livonia RoadCourt of Appeals for the Second Circuit · 1989
- United States v. TorresCourt of Appeals for the Second Circuit · 1990
- United States v. Ralph 'Whitey' Tropiano, Lawrence R. Pellegrino and William Grasso,defendants-AppellantsCourt of Appeals for the Second Circuit · 1969
- Royal American Managers, Incorporated v. Irc Holding Corporation and Joseph Ambriano, Cross-Appellants, Gerald Dolman, Cross-AppelleeCourt of Appeals for the Second Circuit · 1989
- United States v. 141st Street Corp. ex rel. HershCourt of Appeals for the Second Circuit · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- MacDraw Inc. v. The Cit Group Equipment Financing, Inc., and Richard JohnstonCourt of Appeals for the Second Circuit · 1998
- Josephine Counihan, United States of America, Plaintiff-Intervenor-Appellee v. Allstate Insurance Co.Court of Appeals for the Second Circuit · 1999
- Barrows v. BecerraCourt of Appeals for the Second Circuit · 2022
- United States v. One 1973 Rolls RoyceCourt of Appeals for the Third Circuit · 1995
- United States v. IwualaCourt of Appeals for the First Circuit · 2015
30 more not listed; retrieve them via the Exa API.