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U.S. v. TAYLOR

No. 93-1470.

13 F.3d 786 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. James Ronson TAYLOR; Jamel Earleen White Taylor, Claimants-Appellants, and $61,433.04 U.S. Currency; One Tract of Real Property (Consisting of Two Lots) Located In Wilson County, Wilson Creek Township, Having the Street Address of 1699 Bynwood Circle, Wilson, North Carolina, and Being More Particularly Described In a Deed Book Recorded In Book 1336, Page 902 of the Wilson County Registry, and Being Titled In the Names of James Ronson Taylor and Wife, Jamel Earleen White Taylor, with all appurtenances and improvements thereon, and any and all proceedings from the sale of said property, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 6, 1994.

Attorney(s) appearing for the Case

John Addison Shorter, Jr., Shorter & Perazich, Washington, DC, argued (John Copeland, Jr., Wilson, NC, on brief), for claimants-appellants.

Thomas Philip Swaim, Asst. U.S. Atty., Raleigh, NC, argued (James R. Dedrick, U.S. Atty., on brief), for plaintiff-appellee.

Before RUSSELL and WILKINS, Circuit Judges, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILKINS, Circuit Judge:

The United States brought this in rem civil forfeiture action pursuant to 18 U.S.C.A. § 981 (West Supp.1993) and 18 U.S.C.A. § 1955(d) (West 1984) against $61,433.04 in United States currency and a tract of real estate titled in the names of James Ronson Taylor and Jamel Earleen White Taylor, alleging that these properties were used or involved in illegal gambling. In support of its motion for summary judgment, the...

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