U.S. v. HENDERSON

Nos. 87-1298, 87-2752 to 87-2756.

844 F.2d 685 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Rudolph HENDERSON, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission January 5, 1988.

Resubmitted April 12, 1988.

Decided April 15, 1988.


Attorney(s) appearing for the Case

Joseph P. Russoniello, U.S. Atty., Sanford Svetcov, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellant.

Doron Weinberg, Nina Wilder, Lynne S. Coffin, Larson & Weinberg, San Francisco, Cal., Penelope M. Cooper, Cristina Arguedas, Ted Cassman, Cooper and Arguedas, A.J. Kutchins, Berkeley, Cal., for defendants-appellees.

Ephraim Margolin, San Francisco, Cal., Neal R. Sonnett, Benedict P. Kuehne, Sonnett Sale and Kuehne, P.A., Miami, Fla., for amicus curiae, The Nat. Ass'n of Criminal Defense Lawyers.

Before FLETCHER, WIGGINS and NOONAN, Circuit Judges.


FLETCHER, Circuit Judge:

The government appeals an order by the district court exempting "reasonable attorneys' fees" from those assets which may be seized by the government pursuant to the civil forfeiture provisions of 21 U.S.C. § 881. The district court held the statute unconstitutional as applied to reasonable attorneys' fees. For the reasons set forth below, we dismiss this appeal.

BACKGROUND

On May 31, 1987, defendant Rudolph Henderson...

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