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U.S. v. ONE 1974 LEARJET 24D

No. 98-5080.

191 F.3d 668 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. ONE 1974 LEARJET 24D, SERIAL NUMBER 24D-290, MEXICAN REGISTRATION XA-RMF, including all aircraft logbooks, registration and title documents, and all appurtenances thereon, Defendant-Appellee, Francisco Jaime Madrid, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 17, 1999.

Attorney(s) appearing for the Case

David Y. Olinger, Jr., Assistant U.S. Attorney (briefed), Lexington, Kentucky, for Plaintiff-Appellant.

Milton Coburn Toby (briefed), Perch & Toby, Lexington, Kentucky, for Defendant-Appellee.

Before: BOGGS and MOORE, Circuit Judges; and DOWD, District Judge.

OPINION

BOGGS, Circuit Judge.

The United States seized a Learjet and appeals the dismissal of its in rem forfeiture complaint seeking the issuance of an arrest warrant for the aircraft and the forfeiture of the plane. We reverse.

I. Background

On May 28, 1997, agents at the El Paso Intelligence Center (EPIC) of the Drug Enforcement Administration learned that a Learjet, model 24D, serial number 24D-290, with Mexican registration XA-RMF...

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