United States v. James W. Dean

ON SUA SPONTE RECONSIDERATION

Before KRAVITCH, ANDERSON and BARKETT, Circuit Judges. KRAVITCH, Circuit Judge:

In light of the Supreme Court’s recent decision in United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996), the court orders that the opinion filed April 24, 1996, 80 F.3d 1535, be modified as follows:

1) Footnote one is deleted in its entirety and replaced with the following:

Because the civil forfeiture provision in this case did not serve solely a remedial purpose, the forfeiture constituted punishment for purposes of the Excessive Fines Clause. Austin v. United…