Legal Opinion
United States v. Edwin Elgersma
Court of Appeals for the Eleventh Circuit
Decided April 29, 1991No. 89-3926, 89-3934PublishedCited by 18 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
The proper burden of proof in a forfeiture action following a conviction on drug *1540and continuing criminal enterprise violations is the principal issue of this appeal. Appellant argues that criminal forfeiture, as any criminal charge, must be proven beyond a reasonable doubt. The government contends that a preponderance of the evidence standard suffices. We agree with appellant, but affirm the convictions.
I — BACKGROUND
Appellant was one of several codefend-ants charged with various drug trafficking offenses, including shipping cocaine into the United States. He also was…
2Cases cited45 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- In Re WINSHIPSupreme Court of the United States · 1970
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Murray Stein v. Reynolds Securities, Inc.Court of Appeals for the Eleventh Circuit · 1982
40 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States of America, Plaintiff-Appellant/cross-Appellee v. Jackson C. O'dell, Iii, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2001
- United States v. Lavont Flanders, Jr.Court of Appeals for the Eleventh Circuit · 2014
- United States of America, Cross-Appellant v. Charles L. Smith, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1992
- United States v. Barry Dean BoatnerCourt of Appeals for the Eleventh Circuit · 1992
- United States v. Edwin Elgersma, United States of America v. Edwin ElgersmaCourt of Appeals for the Eleventh Circuit · 1992
13 more not listed; retrieve them via the Exa API.