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UNITED STATES v. DUNN

Docket 86-1189.

802 F.2d 646 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Charles DUNN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 6, 1986.

Attorney(s) appearing for the Case

Salvatore R. Martoche, New York City (Asst. U.S. Atty., of counsel), for plaintiff-appellant.

Joel L. Daniels, Buffalo, N.Y., of counsel, for defendant-appellee.

Before FEINBERG, Chief Judge, CARDAMONE, Circuit Judge, and KELLEHER, District Judge.

KELLEHER, Senior District Judge:

Appellant United States of America appeals from an order enjoining its prosecution in the District Court for the Western District of New York, John T. Elfvin, J., of a civil forfeiture proceeding against the sum of $28,500.

Appellee Charles Dunn was indicted February 8, 1985 on charges of possessing cocaine with intent to distribute. Included in the indictment were applications, pursuant to 21 U.S.C. § 853, for criminal...

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