United States v. One Piece of Real Property Located at 5800 SW 74th Avenue
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
KRAVITCH, Circuit Judge:
This case involves the forfeiture of property allegedly used to commit or facilitate the commission of a drug crime, in violation of 21 U.S.C. § 881(a)(7). The main issue on appeal is whether the district court properly granted the government’s motion for summary judgment when the defendant did not file a memorandum opposing summary judgment. We conclude, after reviewing the record, that there is a disputed issue of material fact and, therefore, summary judgment was inappropriate.
I. BACKGROUND
In June 2001, the Drug Enforcement Agency and Miami-Dade police officers…
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