U.S. v. UNIT NO. 7 AND UNIT NO. 8

Nos. 87-2499 to 87-2502.

853 F.2d 1445 (1988)

UNITED STATES of America, Appellant, v. UNIT NO. 7 AND UNIT NO. 8 OF SHOP IN THE GROVE CONDOMINIUM, a Condominium, according to the Declaration of Condominium as recorded in Official Records Book No. 10907, at Page 1432, of the Public Records of Dade County, Florida, and the amendments thereto as recorded in Official Records Book 10956, Page 304, Public Records of Dade County, Florida; Located on: Block 14, of Edwards Pent Subdivision, according to the Plat Book A, at Page 45 of the Public Records of Dade County, Florida, Locally known as 3310 Virginia Avenue, Miami, Florida, Appellees. UNITED STATES of America, Appellant, v. LOTS 1, 4 AND 5, BLOCK 3, BRUSH CREEK VILLAGE, together with all that portion of vacated Laney Lane abutting said Lots 4 and 5 in the County of Pitkin, State of Colorado, locally known as 0250 Medicine Bow Road, Aspen, Colorado, Appellees. UNITED STATES of America, Appellant, v. LOT 1, OF SUNSET HAVEN, according to the Plat thereof recorded in Plat Book 64 at Page 110, of the Public Records of Dade County, Florida, locally known as 7335 S.W. 69th Court, Miami, Florida, 33143, Appellee. UNITED STATES of America, Appellant, v. Stanley Carter KISER, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 5, 1988.


Attorney(s) appearing for the Case

Maury S. Epner, Washington, D.C., for appellant.

Joseph Beeler, Miami, Fla., for appellee.

Before LAY, Chief Judge, and McMILLIAN and ARNOLD, Circuit Judges.


ARNOLD, Circuit Judge.

This case presents a constitutional question concerning the government's seizure of property allegedly forfeitable under 21 U.S.C. §§ 853 and 881: May the government deprive a criminal defendant of the only assets with which he can pay a reasonable attorney's fee to the lawyer assisting in his defense solely on the basis of its allegation that the property is forfeitable as a criminal penalty and a magistrate's ex parte finding...

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