Legal Opinion
United States v. Cunan
Court of Appeals for the First Circuit
Decided September 17, 1998No. 96-1235, 97-1470PublishedCited by 62 opinions
1Opinion of the Court
COFFIN, Senior Circuit Judge.
This case poses an interesting problem of res judicata: does a dismissal with prejudice of a civil forfeiture action bar the subsequent criminal forfeiture of the same properties by the same sovereign? The district court ruled that a civil dismissal has preclusive effect, and it thereby rebuffed the government’s attempt to confiscate nine properties otherwise forfeitable because of their connection to drug trafficking and money laundering. See 21 U.S.C. § 853; 18 U.S.C. § 982. On appeal, the government claims that the district court erroneously invoked the…
2Cases cited30 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
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- Lawlor v. National Screen Service Corp.Supreme Court of the United States · 1955
- United States v. One Assortment of 89 FirearmsSupreme Court of the United States · 1984
- Massachusetts School of Law at Andover, Inc. v. American Bar Ass'nCourt of Appeals for the First Circuit · 1998
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3Cited by62 opinions
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- United States v. HallCourt of Appeals for the First Circuit · 2006
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