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U.S. v. BANK OF NEW YORK

No. 559, Docket 93-6073.

14 F.3d 756 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. BANK OF NEW YORK, The funds in account no. 0105140790 at the Bank of New York, 239 Lyndon Boulevard, Elmont, New York and all proceeds thereof and CHEMICAL BANK, The funds in account no. 028-000-121213228467 at the Chemical Bank, 700 Merrick Road, Lynbrook, New York, Defendants, Pak Lung Wu, All Assets of Pak Lung Wu on deposit with, located at, or under the control of the Bank of New York, 239 Lyndon Boulevard, Elmont, New York, All assets of Pak Lung Wu on deposit with, located at, or under the control of the Chemical Bank, 700 Merrick Road, Lynbrook, New York, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 24, 1994.

Attorney(s) appearing for the Case

David Samel, New York City, for defendant-appellant.

Zachary W. Carter, U.S. Atty., Eastern District of New York (Robert L. Begleiter, Deborah B. Zwany, Stanley N. Alpert, Asst. U.S. Attys., Eastern District of New York, of counsel), for plaintiff-appellee.

Before: OAKES, KEARSE, and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Defendant-appellant Pak Lung Wu appeals from a judgment entered in the United States District Court for the Eastern District of New York (Johnson, J.), denying his motion pursuant to Fed.R.Civ.P. 60(b) ("Rule 60(b)") to set aside a consent decree.

Wu entered a plea of guilty in 1991 to a violation of 21 U.S.C. § 857 (1988), which makes it a crime to engage in interstate sale or transportation of "drug paraphernalia." In connection...

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