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U.S. v. $19,047.00 IN U.S. CURRENCY

No. 1624, Docket 95-6383.

95 F.3d 248 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. $19,047.00 IN UNITED STATES CURRENCY, Defendant-in-Rem, Parbottie Rodriguez, Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 12, 1996.

Attorney(s) appearing for the Case

William E. Betz, New York City (Stephen P. Shea, of counsel), for Claimant-Appellant.

Peter T. Gelfman, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney, Southern District of New York, Steven M. Haber, Assistant United States Attorney, of counsel), for Plaintiff-Appellee.

Before: FEINBERG, CABRANES, and PARKER, Circuit Judges.

PARKER, Circuit Judge:

When securing a Bronx apartment as part of an investigation concerning the smuggling of aliens, an Immigration and Naturalization Service ("INS") agent found $19,047 in claimant Parbottie Rodriguez's purse. He seized this money on the grounds that it had been brought into the United States without being properly declared to the United States Customs Service. Rodriguez successfully challenged this forfeiture, arguing in part that the agent's...

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