UNITED STATES v. ONE 1957 ROCKWELL AERO COM., ETC.

No. 81-1254.

671 F.2d 414 (1982)

UNITED STATES of America, Libellant-Appellee, v. ONE 1957 ROCKWELL AERO COMMANDER 680 AIRCRAFT, VIN. NO. 680-515-186, FAA NO. N6247D, Libellee, Frank Parker, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 22, 1982.


Attorney(s) appearing for the Case

R. E. Thompson, U. S. Atty., and Larry Gomez, Asst. U. S. Atty., Albuquerque, N. M., for libellant-appellee.

Leo C. Kelly of Lill, Kelly & Barr, and Roderick T. Kennedy, Albuquerque, N. M., for appellant.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.


BARRETT, Circuit Judge.

Frank R. Parker (Parker) appeals from a final judgment of condemnation and forfeiture. The United States initiated this action seeking forfeiture of an aircraft owned by Parker under 49 U.S.C.A. §§ 1474 and 1509 for non-compliance with United States Customs Service regulations regarding entry and notice of entry into the United States from foreign countries. The relevant facts are not in dispute.

Shortly before noon on January...

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