U.S. v. APPROXIMATELY 2,538.85 SHARES OF STOCK

Nos. 92-1555, 92-1800.

988 F.2d 1281 (1993)

UNITED STATES of America, Plaintiff, Appellee, v. APPROXIMATELY TWO THOUSAND, FIVE HUNDRED THIRTY-EIGHT POINT EIGHTY-FIVE SHARES (2,538.85) OF STOCK CERTIFICATES OF THE PONCE LEONES BASEBALL CLUB, INC., etc., Defendants, Appellees. Domingo Cotto-Garcia, Claimant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 5, 1993.


Attorney(s) appearing for the Case

Rafael F. Castro Lang with whom F. Castro Amy, San Juan, PR, was on brief, for claimant-appellant.

Jose F. Blanco, Asst. U.S. Atty., with whom Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, PR, was on brief, for U.S.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and SKINNER, Senior District Judge.


LEVIN H. CAMPBELL, Senior Circuit Judge.

At issue in this appeal is whether appellant Cotto-García was tardy in filing his "claim" contesting the government's in rem seizure, under drug laws, of his stock shares. Under relevant rules, infra, appellant had "10 days after process has been executed" to file the required claim. He contends he filed the claim on time (in fact, prematurely), as process was executed, under his theory, only when notice...

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