U.S. v. BORROMEO

No. 91-7070.

995 F.2d 23 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Abel Parama BORROMEO, Defendant-Appellant, and Seven (7) Parcels of Real Property; Two (2) Automobiles; Undetermined Amount of United States Currency Contained in Several Bank Accounts, Stocks, Bonds, Securities and Other Negotiable Instruments and Various Items of Personal Property, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 1993.


Attorney(s) appearing for the Case

Stanley K. Joynes, III, LeClair, Ryan & Joynes, Richmond, VA, argued, for defendant-appellant.

Betty Adkins Pullin, Asst. U.S. Atty., Charleston, WV, argued (Michael W. Carey, U.S. Atty., Stephen M. Horn, Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before HAMILTON, Circuit Judge, SPROUSE, Senior Circuit Judge, and KAUFMAN, Senior District Judge for the District of Maryland, sitting by designation.


OPINION

FRANK A. KAUFMAN, Senior District Judge:

Borromeo appeals the civil forfeiture of certain items of real and personal property following his conviction on fifty-two counts of unlawfully prescribing controlled substances and on one RICO count. Borromeo contends that the District Court erred in granting summary judgment for the government because the government failed to meet the burden of demonstrating a "substantial connection" between the property...

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