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U.S. v. $38,570 U.S. CURRENCY

Nos. 90-2667, 90-2982.

950 F.2d 1108 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. $38,570 U.S. CURRENCY, Defendant, Francisco Flores, Jr., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 15, 1992.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, Tex., for claimant-appellant.

Henry K. Oncken, U.S. Atty., Peggy Morris Ronca, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before POLITZ, KING and JOHNSON, Circuit Judges.

KING, Circuit Judge:

Francisco Flores, Jr. ("Flores") appeals an order of the district court finding that Flores failed to establish standing to claim $38,570 seized following his arrest by Drug Enforcement Administration ("DEA") agents, and striking his claim to the currency and his answer to the government's complaint. We find that the district court erred regarding Flores' standing but did not abuse its discretion in striking his claim and answer. We therefore...

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