Legal Opinion
United States v. Unit No. 7 & Unit No. 8 of Shop in the Grove Condominium
Court of Appeals for the Eighth Circuit
Decided August 5, 1988No. Nos. 87-2499 to 87-2502PublishedCited by 20 opinions
1Opinion of the Court
ARNOLD, Circuit Judge.
This case presents a constitutional question concerning the government’s seizure of property allegedly forfeitable under 21 U.S.C. §§ 853 and 881: May the government deprive a criminal defendant of the only assets with which he can pay a reasonable attorney’s fee to the lawyer assisting in his defense solely on the basis of its allegation that the property is forfeitable as a criminal penalty and a magistrate’s ex parte finding of probable cause to believe it is forfeitable? We hold that in these narrow circumstances the deprivation conflicts with the Fifth and Sixth…
2Cases cited18 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- In Re WINSHIPSupreme Court of the United States · 1970
- United States v. SalernoSupreme Court of the United States · 1987
- Wheat v. United StatesSupreme Court of the United States · 1988
- Morris v. SlappySupreme Court of the United States · 1983
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States v. Rigoberto Moya-Gomez Celestino Orlando Estevez Amado Raphael Leon Adalberto Herrera and Menelao Orlando EstevezCourt of Appeals for the Seventh Circuit · 1988
- United States v. All Assets of Statewide Auto Parts, Inc.Court of Appeals for the Second Circuit · 1992
- United States v. BissellCourt of Appeals for the Eleventh Circuit · 1989
- United States of America, Cross-Appellant v. Charles G. Floyd, Jr., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1993
- United States v. FafoworaCourt of Appeals for the D.C. Circuit · 1989
15 more not listed; retrieve them via the Exa API.