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U.S. v. ONE PIECE PROP., 5800 SW 74TH, MIAMI, FLA.

No. 03-11736.

363 F.3d 1099 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. ONE PIECE OF REAL PROPERTY LOCATED AT 5800 SW 74TH AVENUE, MIAMI, FLORIDA, more particularly described as Lot 3, Block 3 of camner estates according to the Plat Book 58, at page 21 of the public records of Dade County, Florida together with all appurtenances thereto and all improvements thereon, Defendant, Stephen Haban, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 24, 2004.

Attorney(s) appearing for the Case

Roy D. Wasson, Miami, FL, for Haban.

Eduardo L. Sanchez, Anne R. Schultz, Madeleine R. Shirley, Miami, FL, for U.S.

Before WILSON and KRAVITCH, Circuit Judges, and GOLDBERG, Judge.

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...

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