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UNITED STATES v. $2,500 IN UNITED STATES CURRENCY

No. 918, Docket 81-6180.

689 F.2d 10 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. $2,500 IN UNITED STATES CURRENCY, Defendant in Rem-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 8, 1982.

Attorney(s) appearing for the Case

J. D. Pope, Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty., S.D.N.Y., Richard N. Papper, Asst. U. S. Atty., New York City, on the brief), for plaintiff-appellee.

John L. Pottenger, Jr., New Haven, Conn. (Renee D. Chotiner, Stephen Wizner, P. J. Pittman, Jerome M. Frank, Legal Services Organization, Deborah M. Reyher, Yale Law School 1983, Law Student Intern, New Haven, Conn., on the brief), for defendant in rem-appellant.

Before KEARSE and PIERCE, Circuit Judges, and LEVAL, District Judge.

LEVAL, District Judge:

Claimant-Appellant Jimmy Aponte appeals from a judgment of forfeiture of $2,500 in United States currency, entered by Hon. John M. Cannella upon a jury verdict. Judge Cannella denied Aponte's motion for judgment notwithstanding the verdict or, alternatively, a new trial. Aponte appeals on a number of grounds, including the ground that the allocation of the burden of proof in the forfeiture proceedings violated due process. We affirm.

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