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SMALL v. U.S.

No. 97-5008.

136 F.3d 1334 (1998)

Richard SMALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 20, 1998.

Attorney(s) appearing for the Case

Miriam R. Nemetz, Washington, DC, argued the cause as amicus curiae supporting appellant, with whom Roy T. Englert, Jr., Washington, DC, appointed by the Court, was on the briefs.

Richard Small, Washington, DC, appearing pro se, was on the brief for appellant.

William R. Cowden, Assistant United States Attorney, Washington, DC, argued the cause for appellee, with whom Mary Lou Leary, United States Attorney at the time the brief was filed, R. Craig Lawrence, Robert E.L. Eaton, Jr., and Linda Otani McKinney, Assistant United States Attorneys, Washington, DC, were on the brief.

Before: WALD, TATEL and GARLAND, Circuit Judges.

WALD, Circuit Judge:

Richard Small asserts that the United States failed to make adequate efforts to give him notice of forfeiture proceedings affecting property that he claims to own. The district court granted summary judgment for the United States, concluding that the United States's efforts to contact Small met the standards set by the Due Process Clause. On appeal, Small contests this finding. We find that the United States should have tried harder to contact...

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