United States of America, Libelant-Appellee v. United States Coin and Currency in the Amount of $8,674.00, Donaldangelini, Claimant-Appellant

When our opinion was released herein, the Supreme Court had not yet decided Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889, and Grosso v. United States, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906, so that we decided claimant’s constitutional argument on the authority of United States v. Kahriger, 345 U.S. 22, 73 S.Ct. 510, 97 L.Ed. 754, and Lewis v. United States, 348 U.S. 419, 75 S.Ct. 415, 99 L.Ed. 475. See 379 F.2d 946.

After the Supreme Court’s opinions were announced in the Marchetti and Grosso cases, certiorari was granted and our judgment was vacated. 390 U.S. 204,…