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

Nos. 87-2499, 87-2500, 87-2501 and 87-2502.

890 F.2d 82 (1989)

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 November 21, 1989.


Attorney(s) appearing for the Case

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

Mark W. Peterson, Washington, D.C., for appellees.

Before LAY, Chief Judge, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, and BEAM, Circuit Judges.


LAY, Chief Judge.

This matter comes to us en banc for reconsideration of the panel's opinion of August 5, 1988.1 Stanley Carter Kiser was indicted for conducting continuing criminal enterprise in violation of 21 U.S.C. § 848 (1982 & Supp. V 1987). The indictment alleged some of Kiser's property, including two parcels of real estate in Miami, Florida, and one in Aspen, Colorado, should be forfeited under section 848 and 21 U.S...

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