U.S. v. ONE 1974 CADILLAC ELDORADO SEDAN, ETC.

No. 68, Docket 76-6063.

548 F.2d 421 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. ONE 1974 CADILLAC ELDORADO SEDAN, SERIAL No. 6L47S4Q407966, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 13, 1977.


Attorney(s) appearing for the Case

Peter C. Salerno, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S.D.N.Y., Samuel J. Wilson, Asst. U. S. Atty., New York City, of counsel), for plaintiff-appellant.

Michael P. Direnzo, New York City, for defendant-appellee.

Before WATERMAN, FRIENDLY and MULLIGAN, Circuit Judges.


MULLIGAN, Circuit Judge:

On October 15, 1974, the United States brought an action pursuant to 21 U.S.C. § 881 for the forfeiture of a 1974 Cadillac Eldorado Sedan registered in the name of Ivan Santiago. The Government sought forfeiture of the vehicle on the ground that it had been used to facilitate the sale of cocaine within the meaning of 21 U.S.C. § 881(a)(4). After a one-day bench trial before the Honorable Edward Weinfeld, United States District Court...

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