UNITED STATES v. $364,960.00 IN U.S. CURRENCY

No. 80-5207.

661 F.2d 319 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. THREE HUNDRED SIXTY FOUR THOUSAND NINE HUNDRED SIXTY DOLLARS ($364,960.00) IN UNITED STATES CURRENCY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

November 13, 1981.


Attorney(s) appearing for the Case

Robert I. Targ, Sp. Asst. U. S. Atty., Miami, Fla., for plaintiff-appellant.

Becham, McAililey & Proenca, James R. Hubbard, Miami, Fla., for defendant-appellee.

Before RONEY, KRAVITCH and ANDERSON, Circuit Judges.


KRAVITCH, Circuit Judge:

In 1978, Congress amended 21 U.S.C. § 881 to provide for the forfeiture of monies traceable to, intended for use, or used in the unlawful exchange of a controlled substance. Pub.L.No. 95-633, § 301(a), 92 Stat. 3777 (1978). At issue here are the requirements for standing to contest a forfeiture pursuant to this provision and the extent of proof necessary to establish probable cause of a substantial nexus between seized monies and...

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