Legal Opinion

United States v. Maxwell

District Court, E.D. Virginia

Decided March 21, 2002No. CIV.A. 01-1017-A, No. CR. 99-329-APublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

CACHERIS, District Judge.

The primary issue presented in this case is a novel one: whether the Government, having (1) included a forfeiture count in the defendant’s indictment; (2) been notified in general terms of the conveyance of the defendant’s real property prior to sentencing; (3) already received a ruling regarding the defendant’s ability to pay a fine; and (4) failed to formally attack the validity of the conveyance at the defendant’s sentencing hearing, is now prevented from challenging the conveyance as fraudulent in a subsequent civil proceeding. For the reasons…

2Cases cited19 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  3. Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River CompanyCourt of Appeals for the Fourth Circuit · 1999
  4. Emich Motors Corp. v. General Motors Corp.Supreme Court of the United States · 1951
  5. Debra Rogers v. Jefferson-Pilot Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1989

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3Cited by6 opinions

  1. Lee L. Saad Constr. Co. v. DPF Architects, PCSupreme Court of Alabama · 2002
  2. Securities & Exchange Commission v. ResnickDistrict Court, D. Maryland · 2009
  3. United States v. First Choice Armor & Equipment, Inc.District Court, District of Columbia · 2011
  4. Bond v. McLaughlinSupreme Court of Alabama · 2017
  5. Old Town Food Service, LLC v. GoldDistrict Court, E.D. Virginia · 2020

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