U.S. v. 1980 LEAR JET

No. 92-16989.

25 F.3d 793 (1994)

UNITED STATES of America, Plaintiff-Counterdefendant-Appellee, v. 1980 LEAR JET, MODEL 35A, SERIAL NUMBER 277, Defendant, and Learjet, Inc., a Delaware corporation, Counterclaimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 31, 1994.


Attorney(s) appearing for the Case

Lawrence McDonough, Kimble, Gothreau & Nelson, Tucson, AZ, for counterclaimant-appellant.

Arthur G. Garcia, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-counter-defendant-appellee.

Before: CHOY, REINHARDT, and LEAVY, Circuit Judges.


Opinion by Judge LEAVY.

LEAVY, Circuit Judge:

The holder of a mechanic's lien against property subject to forfeiture appeals from that portion of the district court's judgment denying costs, fees, and interest on the lien principal, arguing that the district court erred by concluding that an innocent lienholder was not entitled to post-seizure costs, fees, and interest under federal forfeiture law. For the reasons which follow, we reverse and remand.

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