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U.S. v. VALDES

No. 87-6088.

876 F.2d 1554 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Jose VALDES, Lino Lopez, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 13, 1989.

Attorney(s) appearing for the Case

John H. Lipinski, Miami, Fla., for Jose Valdes.

Harris Sperber, Robert Kalter, Miami, Fla., for Lino Lopez.

Dexter W. Lehtinen, U.S. Atty., Miami, Fla., Eileen O'Connor, U.S. Atty's. Office, Ft. Lauderdale, Fla., Allan J. Sullivan, Lynne W. Lamprecht, Linda C. Hertz, Asst. U.S. Attys., Miami, Fla., for U.S.

Before TJOFLAT and EDMONDSON, Circuit Judges, and GIBSON, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

Section 881(a)(4) of title 21 of the United States Code provides that an automobile which is used to facilitate a narcotics transaction is subject to forfeiture to the United States.1 Section 881(b)(4)2 provides, in turn, that if "the Attorney General has probable cause to believe that [an automobile] is subject to ... civil forfeiture" under section 881(a), he may seize the automobile...

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