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UNITED STATES v. $79,000 IN UNITED STATES CURRENCY

No. 86-1391.

801 F.2d 738 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. $79,000 IN UNITED STATES CURRENCY, Deposited into Account # 28097-6 Continental National Bank, El Paso, Texas, Defendant, Gabriel Yanez, Jaime Buendia and Francisco Arviso, Claimants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. $6,890,500.00 MEXICAN PESOS and $200.00 U.S. Dollars, Defendants, Gabriel Yanez, Jaime Buendia, and Francisco Arviso, Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 3, 1986.

Attorney(s) appearing for the Case

Victor R. Arditti, El Paso, Tex., for claimants-appellants.

Helen M. Eversberg, U.S. Atty., Mark M. Greenberg, Asst. U.S. Atty., El Paso, Tex., for plaintiff-appellee.

Before GEE, JOLLY and HIGGINBOTHAM, Circuit Judges.

BY THE COURT:

The parties in interest are the claimants against the res in this forfeiture action. They were left holding rubber checks from Gomez-the-moneychanger when the government froze his El Paso bank account after he failed to report importing over $10,000 across the Juarez-El Paso border. The district court entered judgment ordering forfeiture of the monies on March 31, 1986. On April 22, the monies were rendered unto Caesar — i.e., U.S. Customs. On...

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