U.S. v. 9844 S. TITAN COURT, UNIT 9, LITTLETON, CO.

Nos. 94-1285, 94-1290.

75 F.3d 1470 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. 9844 SOUTH TITAN COURT, UNIT 9, LITTLETON, COLORADO, with all improvements, appurtenances, fixtures, and attachments thereon, and the rents, profits, and proceeds therefrom; Jewelry Located at 9844 South Titan Court, Unit 9, Littleton, CO, named: All Jewelry, Cash, Cashier's Checks, Money Orders, Traveler's Checks, Stock and Mutual Fund Certificates, Bonds, Financial Instruments, Negotiable Instruments, Cameras, Consumer Electronic Equipment (including but not limited to VCRs, televisions, stereos, CD players, personal computers, lap-top computers) and Cellular Telephones, located at 9844 South Titan Court, Unit 9, Littleton, Colorado; 9844 South Titan Court, Unit 10, Littleton, Colorado, with all improvements, appurtenances, fixtures and attachments thereon, and the rents, profits, and proceeds therefrom; Jewelry Located at 9844 South Titan Court, Unit 10, Littleton, CO, named: All Jewelry, Cash, Cashier's Checks, Money Orders, Traveler's Checks, Stock and Mutual Fund Certificates, Bonds, Financial Instruments, Negotiable Instruments, Cameras, Consumer Electronic Equipment (including but not limited to VCRs, televisions, stereos, CD players, personal computers, lap-top computers) and Cellular Telephones, located at 9844 South Titan Court, Unit 10, Littleton, Colorado; 1277 South Memphis Street, Aurora, Colorado, with all improvements, appurtenances, fixtures, and attachments thereon, and the rents, profits, and proceeds therefrom; Jewelry Located at 1277 South Memphis Street, Aurora, CO, named: All Jewelry, Cash, Cashier's Checks, Money Orders, Traveler's Checks, Stock and Mutual Fund Certificates, Bonds, Financial Instruments, Negotiable Instruments, Cameras, Consumer Electronic Equipment (including but not limited to VCRs, televisions, stereos, CD players, personal computers, lap-top computers) and Cellular Telephones, located at 1277 South Memphis Street, Aurora, Colorado; 4 Winged Foot Way, Aurora, Colorado, with all appurtenances, fixtures, and attachments thereon, and the rents, profits, and proceeds therefrom; Jewelry Located at 4 Winged Foot Way, Aurora, CO, named: All Jewelry, Cash, Cashier's Checks, Money Orders, Traveler's Checks, Stock and Mutual Fund Certificates, Bonds, Financial Instruments, Negotiable Instruments, Cameras, Consumer Electronic Equipment (including but not limited to VCRs, televisions, stereos, CD players, personal computers, lap-top computers) and Cellular Telephones, located at 4 Winged Foot Way, Aurora, Colorado; 17316 East Rice Circle, Unit E, Aurora, Colorado, with all improvements, appurtenances, fixtures, and attachments thereon, and the rents, profits, and proceeds therefrom; $2,034.66 In Account No. 2001772, United Bank of Highlands Ranch, Colorado, plus interest, and all records relating thereto; $26.31 In Account No. 46015777 Columbia Savings Hampden Branch, Denver, CO, plus interest and all records relating thereto; $2,800.00 Seized From 1277 South Memphis Street, Aurora, CO; $13,050.00 Seized From Lisa M. Tarasuik, incident to her arrest at No Frills Bar & Grill; Honda Civic 1987 VIN # JHMCA5540HC04457, and attachments thereon and accessories thereto, including but not limited to all mobile and Cellular Telephones, and CB Radios, Defendants. Door & Trim Systems, Inc.; Eric May, individually and as an officer and stockholder in Door & Trim Systems, Inc.; Francis A. May, individually, and as an officer and stockholder in Door & Trim Systems, Inc. and as legal guardian for the minor children, Angela May and Jeffrey May, Claimants, and Phillip May, Claimant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Francis A. MAY, as an officer and stockholder in Door & Trim Systems, Inc. and as legal guardian for the minor children, Angela May and Jeffrey May, Claimant-Appellant, and 9844 South Titan Court, Unit 9, Littleton, Colorado, with all improvements, appurtenances, fixtures, and attachments thereon, and the rents, profits, and proceeds therefrom; Jewelry Located at 9844 South Titan Court, Unit 9, Littleton, CO., named: All Jewelry, Cash, Cashier's Checks, Money Orders, Traveler's Checks, Stock and Mutual Fund Certificates, Bonds, Financial Instruments, Negotiable Instruments, Cameras, Consumer Electronic Equipment (including but not limited to VCRs, televisions, stereos, CD players, personal computers, lap-top computers) and Cellular Telephones, located at 9844 South Titan Court, Unit 9, Littleton, Colorado; 9844 South Titan Court, Unit 10, Littleton, Colorado, with all improvements, appurtenances, fixtures and attachments thereon, and the rents, profits, and proceeds therefrom; Jewelry Located at 9844 South Titan Court, Unit 10, Littleton, CO, named: All Jewelry, Cash, Cashier's Checks, Money Orders, Traveler's Checks, Stock and Mutual Fund Certificates, Bonds, Financial Instruments, Negotiable Instruments, Cameras, Consumer Electronic Equipment (including but not limited to VCRs, televisions, stereos, CD players, personal computers, lap-top computers) and Cellular Telephones located at 9844 South Titan Court, Unit 10, Littleton, Colorado; 1277 South Memphis Street, Aurora, Colorado, with all improvements, appurtenances, fixtures, and attachments thereon, and the rents, profits, and proceeds therefrom; Jewelry Located at 1277 South Memphis Street, Aurora, CO, named: All Jewelry, Cash, Cashier's Checks, Money Orders, Traveler's Checks, Stock and Mutual Fund Certificates, Bonds, Financial Instruments, Negotiable Instruments, Cameras, Consumer Electronic Equipment (including but not limited to VCRs, televisions, stereos, CD players, personal computers, lap-top computers) and Cellular Telephones, located at 1277 South Memphis Street, Aurora, Colorado; 4 Winged Foot Way, Aurora, Colorado, with all appurtenances, fixtures, and attachments thereon, and the rents, profits, and proceeds therefrom; Jewelry Located at 4 Winged Foot Way, Aurora, CO, named: All Jewelry, Cash, Cashier's Checks, Money Orders, Traveler's Checks, Stock and Mutual Fund Certificates, Bonds, Financial Instruments, Negotiable Instruments, Cameras, Consumer Electronic Equipment (including but not limited to VCRs, televisions, stereos, CD players, personal computers, lap-top computers) and Cellular Telephones, located at 4 Winged Foot Way, Aurora, Colorado; 17316 East Rice Circle, Unit E, Aurora, Colorado, with all improvements, appurtenances, fixtures, and attachments thereon, and the rents, profits, and proceeds therefrom; $2,034.66 In Account No. 2001772, United Bank of Highlands Ranch, Colorado, plus interest, and all records relating thereto; $26.31 In Account No. 46015777 Columbia Savings Hampden Branch, Denver, CO, plus interest and all records relating thereto; $2,800.00 Seized From 1277 South Memphis Street, Aurora, CO; $13,050.00 Seized From Lisa M. Tarasuik, incident to her arrest at No Frills Bar & Grill; Honda Civic 1987 VIN # JHMCA5540HC04457, and attachments thereon and accessories thereto, including but not limited to all mobile and Cellular Telephones, and CB Radios, Defendants, Door & Trim Systems, Inc.; Eric May, individually and as an officer and stockholder in Door & Trim Systems, Inc.; Phillip May, Claimants.

United States Court of Appeals, Tenth Circuit.

February 5, 1996.


Attorney(s) appearing for the Case

Brenda G. Grantland, Mill Valley, California, appearing for Appellants Philip May and Francis May.

Mark S. Pestal, Assistant United States Attorney (Henry L. Solano, United States Attorney, with him on the briefs), District of Colorado, Denver, Colorado, appearing for Plaintiff-Appellee United States of America.

Before SEYMOUR, Chief Judge, HENRY, Circuit Judge, and COOK, Senior District Judge.


HENRY, Circuit Judge.

Claimants Philip and Frances May appeal a summary judgment granted to the government in a civil forfeiture proceeding initiated under 21 U.S.C. § 881 and completed after Philip May's conviction and sentencing on related drug charges. Ms. May challenges the district court's conclusion that her "innocent owner" defense did not survive the government's motion for summary judgment. Mr. May contends that forfeiture in a proceeding

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases