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U.S. v. LAND, PROPERTY RECORDED IN NAME OF NEFF

No. 91-3422.

960 F.2d 561 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. LAND, PROPERTY CURRENTLY RECORDED IN the NAME OF Gerald Franklin NEFF, a/k/a "Gerald F. Neff," "Gerald Neff," a/k/a "Jerry Neff," etc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 1992.

Attorney(s) appearing for the Case

Constantine D. Georges, Asst. U.S. Atty., New Orleans, La., for plaintiff-appellant.

Patrick J. Fanning, New Orleans, La., for defendant-appellee.

Before SMITH and EMILIO M. GARZA, Circuit Judges, and KENT, District Judge.

JERRY E. SMITH, Circuit Judge:

The government appeals the district court's dismissal of its civil forfeiture action against a house owned by Gerald Neff ("Neff"). Because we are uncertain as to how the district court applied the burden of proof, we vacate and remand.

I.

In 1990, Neff was convicted of conspiracy to possess cocaine with intent to distribute it. While his criminal case was pending, the government filed a complaint for civil forfeiture...

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