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U.S. v. ESTEVEZ

No. 87-2432.

845 F.2d 1409 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Menelao Orlando ESTEVEZ, Defendant. Appeal of Jose Guillermo HARO.

United States Court of Appeals, Seventh Circuit.

Decided April 15, 1988.

Rehearing Denied June 29, 1988.

Attorney(s) appearing for the Case

Rebekah J. Poston, Fine Jacobson Schwartz Nash Block & England, Miami, Fla., for defendant.

R. Jeffrey Wagner and Eric J. Klumb, Asst. U.S. Attys., Patricia J. Gorence, U.S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before CUMMINGS, COFFEY and RIPPLE, Circuit Judges.

CUMMINGS, Circuit Judge.

Jose Guillermo Haro petitioned to set aside the forfeiture judgment entered by the district court on July 7, 1987, claiming both that his failure to file a timely third-party claim under 21 U.S.C. § 853(n) resulted from excusable neglect and that he alleged a meritorious defense to forfeiture of his interests in the property. The district court denied that motion on August 19, 1987. Because Haro has demonstrated the inadequacy of the...

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