U.S. v. 3520 BRIGHTON BOULEVARD

Civ. A. No. 91-B-2055.

785 F.Supp. 141 (1992)

UNITED STATES of America, Plaintiff, v. 3520 BRIGHTON BOULEVARD, et al., Defendants.

United States District Court, D. Colorado.

March 4, 1992.


Attorney(s) appearing for the Case

Robert D. Clark, Kathleen Tafoya, Asst. U.S. Attys., Denver, Colo., for plaintiff.

Wade H. Eldridge, Denver, Colo., for defendants.


MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendants in this civil forfeiture action move to dismiss on the ground that 21 U.S.C. § 863 (formerly 21 U.S.C. § 857) is unconstitutionally vague on its face. Hearing was held on this motion on January 30, 1992. Because I conclude that the statute includes a mens rea or scienter requirement, it is not facially vague and, therefore, the motion to dismiss is denied.

I.

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