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U.S. v. BIERI

Nos. 93-2157, 93-2372, 93-2373.

21 F.3d 819 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Susan D. BIERI and Leonard Bieri, III, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellant, v. Leonard BIERI, III, Defendant-Appellee, UNITED STATES of America, Plaintiff-Appellant, v. Susan D. BIERI, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1994.

Rehearing and Suggestion for Rehearing Denied May 20, 1994.

Attorney(s) appearing for the Case

James R. Wyrsch, Kansas City, MO, argued (Jacqueline A. Cook, on the brief), for appellant.

Cynthis J. Hyde, Springfield, MO, argued (Richard E. Monroe, on the brief), for appellee.

Before HANSEN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and JACKSON, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 20, 1994.

HANSEN, Circuit Judge.

Susan and Leonard Bieri appeal the district court's order of criminal forfeiture pursuant to 21 U.S.C. § 853(a)(2) of what we shall refer to as "tract four" of the Bieris' four-tract dairy farm, and the government cross-appeals. The Bieris contend that the district court erred by (1) applying the wrong standard of proof to determine forfeitability, (2) using improperly...

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