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U.S. v. 829 CALLE de MADERO, CHAPARRAL, N.M.

No. 96-2026.

100 F.3d 734 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. 829 CALLE de MADERO, CHAPARRAL, OTERO COUNTY, NEW MEXICO, Real Estate Located at, Defendant, Victor Villalobos, Virginia Villalobos, Claimants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 12, 1996.

Attorney(s) appearing for the Case

Stephen Stevers, Las Cruces, New Mexico, for Claimants — Appellants Victor Villalobos and Virginia Villalobos.

David N. Williams, Assistant United States Attorney (John J. Kelly, United States Attorney, and Stephen R. Kotz, Assistant United States Attorney, with him on the brief), Albuquerque, New Mexico, for Plaintiff — Appellee.

Before ANDERSON, KELLY and LUCERO, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Claimants Victor Villalobos and Virginia Villalobos appeal the district court's order of forfeiture of residential real estate located at 829 Calle de Madero, Chaparral, New Mexico. They argue that this forfeiture violates the Excessive Fines Clause of the Eighth Amendment to the United States Constitution. We conclude that this forfeiture is not excessive and therefore affirm the district ...

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