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U.S. v. ONE PARCEL OF REAL ESTATE

No. 89-5135.

911 F.2d 1525 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. ONE PARCEL OF REAL ESTATE AT 136 PLANTATION DRIVE, TAVERNIER, FL, together with all appurtenances thereto and all improvements thereon, Defendant, Charles McVadon, Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 14, 1990.

Attorney(s) appearing for the Case

Hilliard Moldof, Whitelock & Moldof, Ft. Lauderdale, Fla., for claimant-appellant.

Dexter W. Lehtinen, U.S. Atty., Jeanne M. Mullenhoff, Linda Collins Hertz, Dawn Bowen, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, ANDERSON, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

ANDERSON, Circuit Judge:

In this 21 U.S.C. § 881(a) forfeiture proceeding, claimant Charles McVadon appeals the judgment of the district court ordering forfeiture of the property at issue. For the reasons discussed below, we vacate and remand this case to the district court.

In the fall of 1987, McVadon was charged with conspiracy to import and distribute cocaine and marijuana and with the substantive crimes of importing and possessing with intent to...

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