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AUSTIN v. UNITED STATES

No. 92-6073.

509 U.S. 602 (1993)

AUSTIN v. UNITED STATES

United States Supreme Court.

Decided June 28, 1993.

Attorney(s) appearing for the Case

Richard L. Johnson argued the cause for petitioner. With him on the briefs was Scott N. Peters.

Miguel A. Estrada argued the cause for the United States. With him on the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Keeney, and Thomas E. Booth.*

Blackmun, J., delivered the opinion of the Court, in which White, Stevens, O'Connor, and Souter, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment, p. 623. Kennedy, J., filed an opinion concurring in part and concurring in the judgment, in which Rehnquist, C. J., and Thomas, J., joined, p. 628.

Justice Blackmun, delivered the opinion of the Court.

In this case, we are asked to decide whether the Excessive Fines Clause of the Eighth Amendment applies to forfeitures of property under 21 U. S. C. §§ 881(a)(4) and (a)(7).We hold that it does and therefore remand the case for consideration of the question whether the forfeiture at issue here was excessive.

I

On August 2, 1990, petitioner Richard...

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