United States v. Sixty Acres in Etowah County, Evelyn Charlene Ellis

HILL, Senior Circuit Judge:

The United States, as appellant, challenges the district court’s dismissal with prejudice of the government’s complaint for forfeiture; the district court instead granted the appellee’s claim to the defendant real property, Sixty Acres in Etowah County, Alabama. The district court construed the “innocent owner” provision of 21 U.S.C. § 881(a)(7) to defeat forfeiture; the court found that the appellee had knowledge of the prohibited activity, but that she never consented to it. We agree with appellant that the appellee consented to the prohibited activity within the…