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U.S. v. TWO TRACTS OF REAL PROPERTY WITH BUILDINGS

Nos. 92-1750, 92-1990.

998 F.2d 204 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. TWO TRACTS OF REAL PROPERTY WITH BUILDINGS, APPURTENANCES AND IMPROVEMENTS THERETO, LOCATED IN CARTERET COUNTY, NORTH CAROLINA, and Being More Particularly Described as Follows: A Parcel of Land Located in Carteret County, North Carolina, Being Described as Lot 3 On The Map, Recorded in Plat Book 28, page 182, Carteret County Registry and a Parcel of Land Located in Carteret County, North Carolina, Being Described as Lot "ST" On the Same Map; Both Parcels Being Part of the Property Deeded to Kenneth Wayne Willis in Deed Book 571, page 499, Carteret County Registry; Subject to all Rights and Obligations and any Easements Across Tract # 2 (Lot "ST") as Shown in Book 652, page 179 and Book 652, page 180, Carteret County Registry and any and all Proceeds from the Sale of Said Property, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. TWO TRACTS OF REAL PROPERTY WITH BUILDINGS, APPURTENANCES AND IMPROVEMENTS THERETO, LOCATED IN CARTERET COUNTY, NORTH CAROLINA, and Being More Particularly Described as Follows: A Parcel of Land Located in Carteret County, North Carolina, Being Described as Lot 3 On The Map, Recorded in Plat Book 28, page 182, Carteret County Registry and a Parcel of Land Located in Carteret County, North Carolina, Being Described as Lot "ST" On the Same Map; Both Parcels Being Part of the Property Deeded to Kenneth Wayne Willis in Deed Book 571, page 499, Carteret County Registry; Subject to all Rights and Obligations and any Easements Across Tract # 2 (Lot "ST") as Shown in Book 652, page 179 and Book 652, page 180, Carteret County Registry and any and all Proceeds from the Sale of Said Property, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1993.

Attorney(s) appearing for the Case

G. Norman Acker, III, Asst. U.S. Atty., Raleigh, NC, argued, (Margaret Person Currin, U.S. Atty., Raleigh, NC, on brief), for plaintiff-appellant.

Louise Wood Flanagan, Ward & Smith, P.A., Greenville, NC, argued, (Michael P. Flanagan, Ward & Smith, P.A., Greenville, NC, on brief), for defendant-appellee.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and RESTANI, Judge of the United States Court of International Trade, Sitting by Designation.

OPINION

ERVIN, Chief Judge:

Pursuant to a forfeiture provision in The Comprehensive Drug Abuse Prevention and Control Act of 1970, the United States may compel the relinquishment of all legal interests in real property that has been used to commit a felony violation of the federal narcotics laws. We must decide whether this provision, 21 U.S.C. § 881(a)(7), allows the Government to arrest real property whose only connection with crime consists of furnishing...

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