United States v. 6960 Miraflores Avenue

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before KRAVITCH and BIRCH, Circuit Judges, and DYER, Senior Circuit Judge. DYER, Senior Circuit Judge:

In this action by the government for forfeiture of residential premises pursuant to 21 U.S.C. § 881(a)(7), the district court denied the innocent ownership claim of the mortgagee Republic National Bank. We conclude that an incorrect standard was applied to measure Republic’s conduct and that the court relied on clearly erroneous findings of fact. We reverse.

*1560 Statement of the Issue

Whether the district court correctly applied the actual…