United States v. One (1) 254 Ft. Freighter, the M/v Andoria, Etc., and Celso Bernardez, Intervenor-Appellee

GARWOOD, Circuit Judge:

This case concerns whether, when a vessel used to transport, possess or conceal narcotics is judicially sold pursuant to forfeiture proceedings brought by the United States, an “innocent” maritime lien for necessaries entitled to the protection of 46 U.S.C. § 961(b) has priority, in respect to the sales proceeds, over the government’s seizure and other vessel-related expenses incurred prior to the vessel’s judicial arrest in the forfeiture proceedings. The district court in a well-reasoned opinion held that the maritime lien had priority. 570 F.Supp. 413 (E.D.La.1983).…