Legal Opinion

Carvajal v. United States

Court of Appeals for the Ninth Circuit

Decided April 11, 2008No. 06-55868PublishedCited by 13 opinions

1Opinion of the Court

GRABER, Circuit Judge:

The main question that we must decide is whether the principles announced in United States v. $277,000 U.S. Currency, 69 F.3d 1491 (9th Cir.1995), survive the enactment of the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”) (codified at 18 U.S.C. §§ 983, 985 and 28 U.S.C. § 2465). We hold that they do. Accordingly, we reverse the district court’s dismissal of a claim for accrued interest on currency that the government wrongfully seized and then returned 10 months later, without having instituted judicial forfeiture proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Because…

2Cases cited17 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  3. Library of Congress v. ShawSupreme Court of the United States · 1986
  4. Knox v. DavisCourt of Appeals for the Ninth Circuit · 2001
  5. Carson Harbor Village, Ltd. v. Unocal CorporationCourt of Appeals for the Ninth Circuit · 2001

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3Cited by13 opinions

  1. United States v. Real Property Located at 475 Martin LaneCourt of Appeals for the Ninth Circuit · 2008
  2. United States v. Ryan CraigCourt of Appeals for the Third Circuit · 2012
  3. United States v. Minh HuynhCourt of Appeals for the Fifth Circuit · 2009
  4. United States v. NolascoCourt of Appeals for the Third Circuit · 2009
  5. United States v. $116,850 in United States CurrencyDistrict Court, D. South Carolina · 2015

8 more not listed; retrieve them via the Exa API.

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