Legal Opinion

United States v. Fleet

Court of Appeals for the Eleventh Circuit

Decided September 5, 2007No. 06-12454PublishedCited by 32 opinions

1Opinion of the Court

CARNES, Circuit Judge:

This appeal presents the issue of whether the substitute property provision of the federal criminal forfeiture statute, 21 U.S.C. § 853(p), preempts the homestead exemption contained in the Florida Constitution and that state’s tenancy by the en-tireties law.

I

In October 2005 a jury found David Fleet guilty on twenty-one counts in a multi-count superceding indictment stemming from his role in a fraudulent land-swap arrangement that bilked two unwitting investors out of more than 11 million dollars. The counts for which Fleet was convicted included charges of wire fraud,…

2Cases cited26 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. Geier v. American Honda Motor Co.Supreme Court of the United States · 2000
  3. United States v. GonzalesSupreme Court of the United States · 1997
  4. Freightliner Corp. v. MyrickSupreme Court of the United States · 1995
  5. United States v. MonsantoSupreme Court of the United States · 1989

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

3Cited by32 opinions

  1. United States v. Gregory BaneCourt of Appeals for the Eleventh Circuit · 2020
  2. United States v. Khalil BlackmanCourt of Appeals for the Fourth Circuit · 2014
  3. United States v. McGintyCourt of Appeals for the Tenth Circuit · 2010
  4. United States v. Khaled ElbeblawyCourt of Appeals for the Eleventh Circuit · 2018
  5. United States v. StevensonCourt of Appeals for the Second Circuit · 2016

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

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