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U.S. v. WADE

Nos. 97-3135, 97-3140, 97-3141, 97-3170 and 97-3171.

152 F.3d 969 (1998)

UNITED STATES of America, Appellee, v. Charles Edward WADE, a/k/a Buck, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 1998.

Attorney(s) appearing for the Case

Andrew P. McGuire, with whom Mitchell M. Seltzer (appointed by the court) was on the briefs for appellants Shelton Wade, et al., argued the cause for all appellants.

David B. Smith and Thomas Lumbard (both appointed by the court) were on the briefs for appellants Charles and Eugene Wade.

Thomas S. Rees, Assistant United States Attorney, with whom Wilma A. Lewis, United States Attorney, and John R. Fisher and William B. Wiegand, Assistant United States Attorneys, were on the brief, argued the cause for appellee. John L. Brownlee, Assistant United States Attorney, entered an appearance for appellee.

Craig D. Margolis and William E. Lawler III were on the brief for amicus curiae Operation Crackdown.

Before SENTELLE and RANDOLPH, Circuit Judges, and BUCKLEY, Senior Circuit Judge.

BUCKLEY, Senior Judge:

The defendants, who were convicted of keeping a "disorderly house" used in connection with their drug-related activities, challenge the district court's authority to enter an order of abatement against the house. Because such orders may be issued only to abate nuisances arising out of the use of premises for purposes of lewdness, assignation, or prostitution, we vacate the order.

I. BACKGROUND

On May 28, 1997, Charles Wade...

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