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U.S. v. ONE PARCEL OF PROPERTY

No. 915, Docket 95-6105.

85 F.3d 985 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. ONE PARCEL OF PROPERTY LOCATED AT 194 QUAKER FARMS ROAD, OXFORD, CONNECTICUT, with all Appurtenances and Improvements Thereon, Defendant, Richard J. Scianna, Claimant-Appellant, Money Store/Connecticut, Inc.; John Santangelo; and Builders Lumber & Supply Co., Inc. Claimants.

United States Court of Appeals, Second Circuit.

Decided June 4, 1996.

Attorney(s) appearing for the Case

Norman A. Pattis, New Haven, Connecticut (Law Offices of John R. Williams, John R. Williams, New Haven, Connecticut, of counsel), for Claimant-Appellant Richard J. Scianna.

David X. Sullivan, Assistant United States Attorney, New Haven, Connecticut (Christopher F. Droney, United States Attorney, Lisa M. Kral, Lauren M. Nash, Assistant United States Attorneys, Craig Lyle Perra, Law Student Intern, New Haven, Connecticut, of counsel), for Plaintiff-Appellee.

Before WINTER, JACOBS, and PARKER, Circuit Judges.

WINTER, Circuit Judge:

Richard J. Scianna appeals from a judgment of forfeiture after a jury trial before Judge Eginton. He brings three claims on appeal. Scianna argues first that the allocation of burdens of proof in civil forfeiture cases under 21 U.S.C. § 881(a)(7) violates due process by imposing on claimants the burden of proving an innocent owner defense. He argues second that counsel for the government engaged in prejudicial misconduct by improperly vouching...

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