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U.S. v. WAGONER COUNTY REAL ESTATE

No. 00-7059.

278 F.3d 1091 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. WAGONER COUNTY REAL ESTATE, Rural Route 5, Box 340, Wagoner, Defendant. Nanette Lees, Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 2, 2002.

Attorney(s) appearing for the Case

Linda A. Epperley, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney with her on the brief), Muskogee, OK, for Plaintiff-Appellee.

Robert G. Brown, Tulsa, OK, for Claimant-Appellant.

Before SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and LUCERO, Circuit Judge.

SEYMOUR, Circuit Judge.

Claimant Nanette Lees, the owner of real property in Wagoner, Oklahoma, appeals from a judgment ordering forfeiture of the property for its use in the facilitation of federal drug law violations. See 21 U.S.C. § 881(a)(7) (1999). On appeal, Ms. Lees contests the validity of the forfeiture decree, arguing that (1) the property was her homestead, and not subject to forfeiture under Oklahoma law; (2) an improper jury instruction concerning...

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