Legal Opinion
McGowan v. United States
District Court, W.D. North Carolina
Decided June 26, 1995No. 3:95CV255-P, 3:92CR301-01-PPublishedCited by 4 opinions
1Opinion of the Court
ORDER
ROBERT D. POTTER, Senior District Judge.
THIS MATTER is before the Court on motion of Petitioner, filed June 8, 1995, for federal habeas relief pursuant to 28 U.S.C. § 2255. After careful review of all the files, records, transcripts and correspondences relating to the judgment under attack, for the reasons set forth herein, the Court finds the motion should be dismissed.
I. FACTUAL AND PROCEDURAL BACKGROUND
On May 28, 1993, the United States filed a civil complaint for forfeiture in rem. On June 23, 1993, the United States Marshal seized a 1981 Mercedes owned primarily by Sylvester McGowan.
2Cases cited21 opinions
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
- United States v. WardSupreme Court of the United States · 1980
- United States v. $405,089.23 U.S. Currency, Charles Arlt James Wren Payback Mines, Claimants-AppellantsCourt of Appeals for the Ninth Circuit · 1994
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3Cited by4 opinions
- People v. PrinceCalifornia Court of Appeal · 1996
- United States v. MartinDistrict Court, N.D. Illinois · 1996
- State v. NunezNew Mexico Supreme Court · 1999
- State v. NunezNew Mexico Supreme Court · 1999