U.S. v. ONE 1980 ROLLS ROYCE, VIN NO. SRL 39955

No. 89-4335.

905 F.2d 89 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1980 ROLLS ROYCE, VIN # SRL 39955, One 1984 Mercedes Benz, VIN # 1237200037, and the Premises Known as Lot 4, Cypress Acres, Washington County, Mississippi, Defendants-Appellants, and Frederick Dotson, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 10, 1990.


Attorney(s) appearing for the Case

Rabun Jones, Dyer, Dyer, Dyer & Jones, George Hollowell, Jr., Greenville, Miss., for defendants-appellants.

Jim M. Greenlee, Paul D. Roberts, Asst. U.S. Attys., Robert O. Whitwell, U.S. Atty., John R. Hailman, Asst. U.S. Atty., Oxford, Miss., for plaintiff-appellee.

Before CLARK, Chief Judge, THORNBERRY, and JONES, Circuit Judges.


THORNBERRY, Circuit Judge:

Claimant Frederick Dotson appeals the district court's grant of summary judgment in favor of the United States permitting forfeiture of three properties that claimant purchased in part with money from drug transactions. Because legitimate funds were also used to purchase the properties, we hold that summary judgment permitting complete forfeiture of the properties was erroneous, and thus we reverse and remand.

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