U.S. v. $405,089.23 U.S. CURRENCY

No. 93-55947.

56 F.3d 41 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. $405,089.23 U.S. CURRENCY, et al., Defendants. Charles Arlt, James Wren, Payback Mines, Claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 30, 1995.


Attorney(s) appearing for the Case

Charles Wesley Arlt, Lompoc, CA, and James Eli Wren, Lompoc, CA, pro se, for claimants-appellants.

Mark A. Feldman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Jeffry K. Finer, Finer & Pugsley, P.S., Spokane, WA, Jeffrey Steinborn, Seattle, WA, Brenda Grantland, Forfeiture Endangers American Rights, Mill Valley, CA, Shawn R. Perez, Santa Ana, CA, for defendant-appellant.

Richard S. Troberman, Seattle, WA, E.E. Edwards, III, Nashville, TN, David Michael, San Francisco, CA, David B. Smith, Alexandria, VA, Attorneys for Amicus Curiae National Association of Criminal Defense Lawyers.

Before: POOLE and REINHARDT, Circuit Judges, and TANNER, District Judge.


ORDER

The opinion filed September 6, 1994, 33 F.3d 1210, is amended as follows:

On 33 F.3d at 1220, please add the following footnote at the end of the text and renumber the footnotes accordingly:

Our adoption of this categorical approach is also compelled by the Supreme Court's recent decision in Department of Revenue of Montana v. Kurth Ranch, ___ U.S. ___, 114 S...

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