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U.S. v. ONE 1973 ROLLS ROYCE, V.I.N. SRH-16266

No. 93-1417.

43 F.3d 794 (1994)

UNITED STATES of America, Appellee, v. ONE 1973 ROLLS ROYCE, V.I.N. SRH-16266, (By and Through Claimant Oscar B. GOODMAN), Appellant, National Association of Criminal Defense Lawyers, Amicus-curiae.

United States Court of Appeals, Third Circuit.

Decided November 25, 1994.

As Amended December 2 and December 7, 1994.

Sur Petition for Rehearing February 24, 1995.

Attorney(s) appearing for the Case

Michael R. Stiles, U.S. Atty., Walter S. Batty, Jr., Chief of Appeals, Joel M. Friedman, Frank A. Labor, III (argued), Asst. U.S. Attys., Philadelphia, PA, for appellee U.S.

David Chesnoff (argued), Goodman & Chesnoff, Stephen Stein, Robert E. Murdock, Murdock & Palazzo, Las Vegas, NV, for appellant One 1973 Rolls Royce VIN SRH-16266.

Peter Goldberger (argued), Ardmore, PA, for amicus-curiae Nat. Ass'n of Crim. Defense Lawyers.

Before: BECKER, NYGAARD, and WEIS, Circuit Judges.

Sur Petition for Panel Rehearing February 24, 1995.

OPINION OF THE COURT

EDWARD R. BECKER, Circuit Judge.

I. INTRODUCTION AND OVERVIEW

The Comprehensive Drug Abuse Prevention and Control Act, 21 U.S.C.A. § 881 et seq. (West 1981 & Supp.1984), provides, among other things, for civil forfeiture of illegal drug related property. Section 881 authorizes the government to seize illegal drugs, containers of illegal drugs...

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