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U.S. v. $876,915.00 U.S. CURRENCY

No. 1077, Docket 89-6037.

874 F.2d 104 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. $876,915.00 UNITED STATES CURRENCY, MORE or LESS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 4, 1989.

Attorney(s) appearing for the Case

Steven E. Obus, Asst. U.S. Atty. (Benito Romano, U.S. Atty., Bart G. Van De Weghe, Asst. U.S. Atty., of counsel), for the U.S.

Richard A. Rehbock, New York City, for defendant-appellee.

Before KAUFMAN, PRATT and MINER, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

In United States v. Monsanto, 852 F.2d 1400 (2d Cir.1988) (in banc), this court held that the restraining provisions of 21 U.S.C. § 853 do not prohibit a criminal defendant from using "restrained assets to the extent necessary to pay legitimate (that is, nonsham) attorney's fees in connection with the criminal charges against him." Such attorney's fees were also declared to be "exempt from...

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