United States v. Pierre Clifton Marshall

OPINION

GRABER, Circuit Judge.

The defendant in this case was entitled to the return of a parcel of forfeited real property but, because the government had sold the property, the monetary equivalent had to be restored to him instead. We are called on to decide what date should be used for the substitute valuation. We agree with the district court that the appropriate yardstick is the property’s value when the government sold it and that, because on that date the debt attributable to the property exceeded the defendant’s equity in it, the government owes no damages.

FACTS AND PROCEDURAL HISTORY

Def…