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U.S. v. ONE PARCEL OF REAL PROPERTY

No. 91-2141.

964 F.2d 1244 (1992)

UNITED STATES of America, Plaintiff, Appellee, v. ONE PARCEL OF REAL PROPERTY WITH THE BUILDING, APPURTENANCES, AND IMPROVEMENTS KNOWN AS 384-390 WEST BROADWAY, SOUTH BOSTON, MASSACHUSETTS, Defendant. Emanuel L. Rosengard, Claimant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 28, 1992.

Attorney(s) appearing for the Case

William F. Spallina, Newton, Mass., for appellant.

Frederick E. Dashiell, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOYLE, District Judge.

SELYA, Circuit Judge.

This appeal asks us to determine whether a district court, almost two years after it issued a forfeiture order, acted properly in enlarging the order's reach beyond the property specifically identified in the government's complaint. We hold that, in the circumstances of this case, the district court did not possess such untrammeled authority.

I. BACKGROUND

On February 12, 1987, law enforcement officers found a cache of marijuana...

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