U.S. v. ONE PARCEL OF REAL ESTATE LOCATED AT 7715 BETSY BRUCE LANE SUMMERFIELD, N.C.

No. 88-5195.

906 F.2d 110 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. ONE PARCEL OF REAL ESTATE LOCATED AT 7715 BETSY BRUCE LANE, SUMMERFIELD, NORTH CAROLINA, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 27, 1990.


Attorney(s) appearing for the Case

Richard Lee Robertson, Asst. U.S. Atty. (Robert H. Edmunds, Jr., U.S. Atty., Greensboro, N.C., on brief), for plaintiff-appellant.

Anthony Wayne Harrison, Sr., Greensboro, N.C., for defendant-appellee.

Before ERVIN, Chief Judge, BUTZNER, Senior Circuit Judge, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.


PER CURIAM:

This is an appeal from a civil forfeiture proceeding brought by the government pursuant to 21 U.S.C.A. §§ 881(a)(4), (a)(6), and (a)(7) (West 1987) against James Ray Modlin. The government alleged that Modlin used his house, car, and $3,300 in currency to facilitate the possession of cocaine with the intent to distribute. The lower court held that the car was properly forfeited to the United States but that the government failed to establish...

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