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U.S. v. NICHOLS

Nos. 87-1459, 87-1743.

841 F.2d 1485 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Scott L. NICHOLS; Ronald W. Bouck, also known as Little Ronnie, also known as LR; Gary G. Barnett, also known as Bam Bam; Cory Day, also known as Daylight, also known as DL; Gary A. Fisher; Kevin L. Hoffman; David Palomino, Defendants-Appellees, and James Jay Bobo; Van T. Duke; Mark H. Feltman; Cindy S. Fenton; Donald A. Fenton; Debra Ann Filipe; Paul D. Hunt, also known as C St.; Ronald Iriarte, also known as Big Ronnie, also known as Richard Lopez; Rudolfo Lema, also known as RD; Nannette Mackelprang; Perfecto Russell Montoya; Augusto A. Penaloza; Jill Shayne; Randall C. Stephens, also known as Chuck, also known as CH; Claude W. Taylor, also known as Arnold, also known as AR; Steven R. Taylor, also known as Ranch; John Mark Valgardson; Mark L. West; John Doe, also known as Nicholas Crowder; Geovani Cordano; Kevin A. Reynolds, Defendants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 22, 1988.

Attorney(s) appearing for the Case

William J. Landers, Deputy Associate Atty. Gen. (William F. Weld, Asst. Atty. Gen., and Brent D. Ward, U.S. Atty., with him on the briefs), for plaintiff-appellant.

G. Fred Metos, of Yengich, Rich, Xaiz & Metos, Salt Lake City, Utah, for defendant-appellee Scott L. Nichols.

Stephen J. Eisenberg, of Eisenberg Law Offices, S.C., Madison, Wis., for defendant-appellee David Palomino.

Kenneth R. Brown, Salt Lake City, Utah, for defendant-appellee Cory Day.

Kevin J. Kurumada, Salt Lake City, Utah, for defendant-appellee Gary A. Fisher.

Colin P. King, of Giauque, Williams, Wilcox & Bendinger, Salt Lake City, Utah, for defendant-appellee Kevin L. Hoffman.

Before LOGAN, McWILLIAMS, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Congress provided in the Comprehensive Crime Control Act of 1984 that anyone convicted of a federal drug felony must forfeit any fruits of that crime and any property used in the commission of the crime to the federal government. The United States appeals from a decision of the district court holding that, while Congress did not intend to exempt attorneys' fees from forfeiture, the act violates the sixth amendment right to choice of counsel to...

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