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U.S. v. SCHUMANN

Nos. 87-3099, 87-3785.

861 F.2d 1234 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Nancy P. SCHUMANN, as the Personal Representative of the Estate of Richard P. Schumann, deceased, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. ONE ASSORTMENT OF EIGHTY-TWO (82) FIREARMS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 19, 1988.

Attorney(s) appearing for the Case

David H. Townsend, Tampa, Fla., for defendant-appellant.

R.W. Merkle, U.S. Atty., Susan M. Daltuva, Warren A. Zimmerman, Asst. U.S. Attys., Tampa, Fla., for plaintiff-appellee.

Before VANCE and KRAVITCH, Circuit Judges, and HENDERSON, Senior Circuit Judge.

HENDERSON, Senior Circuit Judge:

This is a consolidated appeal from a criminal conviction in No. 87-3099 and the grant of a motion for summary judgment in No. 87-3785, a civil forfeiture action. For the reasons stated below, we remand No. 87-3099 with directions to vacate the judgment of conviction and affirm the district court's judgment of forfeiture in No. 87-3785.

From October to December, 1985, the Bureau of Alcohol, Tobacco and Firearms (BATF) conducted...

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