IN RE FORFEITURE HEARING AS TO CAPLIN & DRYSDALE

No. 86-5050.

837 F.2d 637 (1988)

In re FORFEITURE HEARING AS TO CAPLIN & DRYSDALE, CHARTERED, Claimant, UNITED STATES of America, Plaintiff-Appellant, v. CAPLIN & DRYSDALE, CHARTERED, Claimant-Appellee, and Christopher F. Reckmeyer, II; Robert Bruce Reckmeyer, Defendants, National Association of Criminal Defense Lawyers (NACDL); National Legal Aid and Defender Association (NLADA); and American Bar Association (ABA); Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 11, 1988.


Attorney(s) appearing for the Case

Samuel Rosenthal, Chief, Appellate Section, Crim. Div., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Peter Van Norden Lockwood, Washington, D.C., for claimant-appellee.

Eugene C. Thomas, President, American Bar Ass'n, Boise, Idaho, Charles G. Cole, Steven H. Goldblatt, Terrance G. Reed, Washington, D.C., on brief, for amicus curiae American Bar Ass'n.

Peter Cohen, Washington, D.C., on brief for amicus curiae Nat. Legal Aid and Defender Ass'n.

Leonard Stamm, Maryland Crim. Defense Attys. Ass'n, Neal R. Sonnett, Benedict P. Kuehne, Bierman, Sonnett, Shohat & Sale, P.A., Miami, Fla., on brief for amicus curiae Nat. Ass'n of Crim. Defense Lawyers and the Maryland Crim. Defense Attys. Ass'n.

Before WINTER, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, sitting in banc.


WILKINSON, Circuit Judge:

This case presents a Sixth Amendment challenge to the application of the criminal forfeiture provisions of the Continuing Criminal Enterprise (CCE) statute, 21 U.S.C. § 853, to defense attorneys' fees. Appellee Caplin & Drysdale contends that forfeiture of attorneys' fees violates the Sixth Amendment right to the assistance of counsel. We reject this challenge because there is no established...

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