Legal Opinion

United States v. $2,500 in United States Currency, in Rem-Appellant

Court of Appeals for the Second Circuit

Decided September 8, 1982No. 918, Docket 81-6180PublishedCited by 96 opinions

1Opinion of the Court

LEVAL, District Judge:

Claimant-Appellant Jimmy Aponte appeals from a judgment of forfeiture of $2,500 in United States currency, entered by Hon. John M. Cannella upon a jury verdict. Judge Cannella denied Aponte’s motion for judgment notwithstanding the verdict or, alternatively, a new trial. Aponte appeals on a number of grounds, including the ground that the allocation of the burden of proof in the forfeiture proceedings violated due process. We affirm.

FACTS

The forfeited currency was seized in the course of the arrest of Aponte and his wife on heroin charges and the search of their…

2Cases cited12 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Boyd v. United StatesSupreme Court of the United States · 1886
  3. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  4. Helvering v. MitchellSupreme Court of the United States · 1938
  5. United States v. WardSupreme Court of the United States · 1980

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3Cited by96 opinions

  1. United States v. $55,518.05 in U.S. Currency. Appeal of Gary GoldenCourt of Appeals for the Third Circuit · 1984
  2. United States v. 4492 South Livonia RoadCourt of Appeals for the Second Circuit · 1989
  3. State of New York v. Hendrickson Brothers, Inc.Court of Appeals for the Second Circuit · 1988
  4. United States v. One 56-Foot Motor Yacht Named the Tahuna, and New Approach, Inc., Claimant-AppellantCourt of Appeals for the Ninth Circuit · 1983
  5. United States v. $250,000 in United States Currency, (Two Cases) Appeal of Amador Rodriguez-Ramos (Two Cases)Court of Appeals for the First Circuit · 1987

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