U.S. v. SANTORO

Nos. 88-6036, 88-6042.

866 F.2d 1538 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas F. SANTORO; Catherine Marie Santoro; Thomas F. Santoro, as Guardian Ad Litem for Christopher Jason Ashley Santoro; Claimants-Appellants, North Carolina Civil Liberties Union Legal Foundation, Amicus Curiae, and 26.075 Acres, More or Less, Located in Swift Creek Township, Wake County, North Carolina, A Parcel of Real Property and all Improvements, Buildings, Structures, Fixtures, Furnishings, and Appurtenances Situated Thereon, said Property Being Titled in the Name of Rosemarie D. Santoro; and any and all Proceeds from the Sale of Said Property, Defendant. UNITED STATES of America, Plaintiff-Appellee, v. Rosemarie SANTORO, Claimant-Appellant, North Carolina Civil Liberties Union Legal Foundation, Amicus Curiae, and 26.075 Acres, More or Less, Located in Swift Creek Township, Wake County, North Carolina; a Parcel of Real Property and all Improvements, Buildings, Structures, Fixtures, Furnishings, and Appurtenances Situated Thereon, said Property being Titled in the Name of Rosemarie D. Santoro; and any and all Proceeds from the Sale of Said Property, Defendant, Thomas F. Santoro; Catherine Marie Santoro; Thomas F. Santoro, as Guardian Ad Litem for Christopher Jason Ashley Santoro, Claimants.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1989.


Attorney(s) appearing for the Case

Lacy Martin Presnell, III (Burns, Day & Presnell, P.A. on brief), Nicholas John Dombalis, II (Elizabeth Anania, Merriman, Nicholls & Crampton, P.A., on brief), for claimants-appellants.

Stephen Aubrey West, Asst. U.S. Atty. (Margaret Person Currin, U.S. Atty., on brief) for plaintiff-appellee.

William G. Simpson, Jr., Staff Attorney, NCCLU-LF, on brief, for amicus curiae.

Before HALL, Circuit Judge, BUTZNER, Senior Circuit Judge, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.


K.K. HALL, Circuit Judge:

In this 21 U.S.C. § 881(a)(7) civil forfeiture proceeding, Rosemarie Santoro appeals the order of the district court granting summary judgment against her claim on the defendant real property. Thomas Santoro, Rosemarie's husband, and their children, Catherine Marie and Christopher, appeal the same order which struck their claims for lack of standing. Because we find that the defendant real property was used to facilitate illegal drug...

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