United States v. Robert E. Douglas, Jr., Noel Lussier v. United States
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
KRAVITCH, Circuit Judge:
Following the entry of a preliminary order of criminal forfeiture under 18 U.S.C.A. § 982(a) (West Supp.1995), “[a]ny person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States” may “petition the court for a hearing to adjudicate the validity of his alleged interest in the property.” 21 U.S.C.A § 853(n) (West Supp.1995). 1 The question of first impression presented in this case is whether this § 853(n) proceeding, ancillary to a criminal forfeiture prosecution but instituted by a third-party claimant,…
2Cases cited16 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
- United States v. WilliamsSupreme Court of the United States · 1995
- United States v. ReckmeyerCourt of Appeals for the Fourth Circuit · 1987
- United States v. Lawrence W. Lavin Wmot Enterprises, Inc.Court of Appeals for the Third Circuit · 1991
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3Cited by56 opinions
- United States v. JonesCourt of Appeals for the Eleventh Circuit · 1997
- United States v. Michael Gilbert, Karen Gilbert, Michael Gilbert Family Irrevocable Trust, Third Party Claimants-AppelleesCourt of Appeals for the Third Circuit · 2001
- United States v. Alcaraz-GarciaCourt of Appeals for the Ninth Circuit · 1996
- Dalles Irrigation District v. United StatesUnited States Court of Federal Claims · 2010
- United States v. HollandCourt of Appeals for the Fourth Circuit · 2000
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