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UNITED STATES v. CONSIGLIO

No. 88-5117.

866 F.2d 310 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. John CONSIGLIO, aka Giovanni Consiglio, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 24, 1989.

Attorney(s) appearing for the Case

Michael Pancer, San Diego, Cal., for defendant-appellant.

Roger W. Haines, Jr., Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before ALARCON, BRUNETTI and THOMPSON, Circuit Judges.

BRUNETTI, Circuit Judge:

On August 21, 1987, the appellant was arrested and charged with conspiracy to possess and distribute cocaine after he allegedly delivered $69,680 to an undercover DEA agent for the purchase of six kilograms of cocaine. The funds were seized and the government initiated a civil in rem action against the funds pursuant to the forfeiture provisions of 21 U.S.C. § 881. The appellant filed a motion to compel the government to release...

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