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U.S. v. JONES

Nos. 98-2131, 98-2133.

160 F.3d 641 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Shirley A. JONES, Mega-Universal Oxygen and Home Care Services, Inc., Defendants-Appellants. National Association of Criminal Defense Lawyers, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

November 16, 1998.

Attorney(s) appearing for the Case

John D. Cline (Nancy Hollander with him on the briefs), Freedman, Boyd, Daniels, Hollander, Guttmann & Goldberg, P.A., Albuquerque, New Mexico, for Defendant-Appellant Shirley A. Jones.

Richard C. Minzner, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, New Mexico, on the briefs for Defendant-Appellant Mega-Universal Oxygen and Home Care Services, Inc.

Stephen R. Kotz, Assistant U.S. Attorney (John J. Kelly, United States Attorney, and Mary L. Higgins, Assistant U.S. Attorney, with him on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Graeme W. Bush and Nathan D. Finch, Caplin & Drysdale, CHTD, Washington, D.C.; and Barbara Bergman, University of New Mexico, UNM School of Law, Albuquerque, New Mexico, on the brief for Amicus Curiae.

Before SEYMOUR, Chief Judge; PORFILIO and BRORBY, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

In these consolidated appeals we consider whether due process requires a district court to conduct a post-restraint, pre-trial adversarial hearing before continuing to freeze assets that a defendant allegedly needs for legal and living expenses. The federal criminal forfeiture statutes serve as our backdrop. We conclude that due process requires such a hearing if certain conditions are present.

I

The circumstances...

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