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U.S. v. MORGAN

No. 96-2588.

224 F.3d 339 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Barbara Imogene MORGAN, Claimant-Appellant, and Charles T. Morgan, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: August 17, 2000.

Attorney(s) appearing for the Case

ARGUED: Stuart Andrew McMillan, Bowles, Rice, McDavid, Graff & Love, Charleston, West Virginia, for Appellant. Betty Adkins Pullin, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Leonard Knee, Bowles, Rice, McDavid, Graff & Love, Charleston, West Virginia, for Appellant. Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellee.

Before WIDENER and ERVIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Senior Judge PHILLIPS joined.

OPINION

WIDENER, Circuit Judge:

The present case arises from an application of 21 U.S.C. § 853, which provides for the forfeiture of substitute property when the government is unable to satisfy a judgment in its favor from the defendant's assets that constituted or were derived from the proceeds of criminal activity. The district court interpreted...

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