United States v. One Parcel of Real Property with Buildings, Appurtenances & Improvements Known as 116 Emerson Street, Located in Providence

While I have sympathy for defendant Elisa Colon, wife of the convicted drug dealer, I believe that the district court and the majority of this panel have not correctly applied Rhode Island law. I, therefore, dissent.

In order to prevail as an innocent owner of half the property, Elisa Colon must establish both that she had no knowledge of *81her husband’s drug activities and that she is a beneficial owner of half the property by way of a resulting trust.1

With some hesitation, I accept this court’s holding that the district court did not err in finding that Elisa lacked knowledge of her husband’s…