U.S. v. ONE SINGLE FAMILY RESIDENCE

No. 88-5861.

894 F.2d 1511 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. ONE SINGLE FAMILY RESIDENCE WITH OUT BUILDINGS LOCATED AT 15621 S.W. 209th AVENUE, MIAMI, FLORIDA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 1, 1990.


Attorney(s) appearing for the Case

Guy W. Harrison, Lynne W. Lamprecht, Linda Collins Hertz, Asst. U.S. Attys., Jeanne M. Mullenhoff, Miami, Fla., for plaintiff-appellant.

Joaquin Perez, Charles White, Miami, Fla., for defendant-appellee.

Before FAY and EDMONDSON, Circuit Judges and YOUNG, Senior District Judge.


FAY, Circuit Judge:

This case presents a question of first impression in our circuit: when the United States seeks forfeiture under 21 U.S.C. section 881(a)(7) of real property used by its owner to facilitate a controlled substance transaction, and the property is held by the entireties with an innocent spouse whose interest Congress has expressly exempted from forfeiture, what becomes forfeitable under the statute? Because we see no way for the government to obtain...

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