U.S. v. SCHMALFELDT

No. G86-86.

657 F.Supp. 385 (1987)

UNITED STATES of America, Plaintiff, v. Frederick Robert SCHMALFELDT, Ronald Dwayne Schmalfeldt, Ivan Tibbs, Jorge Armando Clavijo-Sanchez, Luis Humberto Angarita Garzon, Jaime Gaviria, Hector Rios, a/k/a Erick Rivas, Fabio Henao-Buitrago, a/k/a Ignacio Gonzalez, Defendants.

United States District Court, W.D. Michigan, S.D.

April 3, 1987.


Attorney(s) appearing for the Case

John A. Smietanka, U.S. Atty., Richard S. Murray, Asst. U.S. Atty., Grand Rapids, Mich., for plaintiff U.S.

John A. Field, III, Alexandria, Va., Kevin P. Burch, Kalamazoo, Mich., Anthony J. Valentine, Grand Rapids, Mich., Thomas W. McCoy, St. Joseph, Mich., Akhtar Hussain, Miami, Fla., Robert F. Mirque, Deno Fotieo, Grand Rapids, Mich., Michael R. Kien, Chicago, Ill., Rodolfo Sorondo, Jr., Coral Gables, Fla., for defendants.


OPINION

ENSLEN, District Judge.

Defendant Frederick Robert Schmalfeldt was indicted on July 31, 1986, in a single count indictment without forfeiture language. On October 23, 1986, the grand jury returned a superseding indictment against him alleging that two parcels of real estate known as the "front farm" and the "back farm" (legal descriptions omitted) were forfeitable under 21 U.S.C. § 853(a)(2) which provides in relevant part that:

(a...

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