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U.S. v. DOUGLAS

No. 94-8621.

55 F.3d 584 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Robert E. DOUGLAS, Jr., Defendant-Appellee. Noel LUSSIER, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Eleventh Circuit.

June 21, 1995.

Attorney(s) appearing for the Case

James L. Wiggins, U.S. Atty., James N. Crane, Asst. U.S. Atty., Macon, GA, for appellant.

Benjamin W. Kirbo, Hendrix & Associates, Savannah, GA, Mark T. Holtschneider, Legal Dept. USF & G, Baltimore, MD, John Holt, Thomasville, GA, for appellees.

Before KRAVITCH and BIRCH, Circuit Judges, and GOODWIN, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

Following the entry of a preliminary order of criminal forfeiture under 18 U.S.C.A. § 982(a) (West. Supp.1995), "[a]ny person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States" may "petition the court for a hearing to adjudicate the validity of his alleged interest in the property." 21 U.S.C.A. § 853(n) (West Supp.1995).1 The question...

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