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U.S. v. LEHMAN

Nos. 98-1307, 99-2119.

225 F.3d 426 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Peter Owens LEHMAN, Claimant-Appellee, and 1,966 Cartons, More or Less, of Women's Garments Described in Part as: 1,000 Cartons, More or Less, Containing 5,000 Dozen Women's Cotton Denim Shirts; 966 Cartons, More or Less, Containing 5,756 Dozen Women's 100% Rayon Woven Blouses, Defendants. United States of America, Plaintiff-Appellant, v. Peter Owens Lehman, Claimant-Appellee, and 1,966 Cartons, More or Less, of Women's Garments Described in Part as: 1,000 Cartons, More or Less, Containing 5,000 Dozen Women's Cotton Denim Shirts; 966 Cartons, More or Less, Containing 5,756 Dozen Women's 100% Rayon Woven Blouses, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 23, 2000

Attorney(s) appearing for the Case

ARGUED: Stanley D. Ragsdale, Assistant United States Attorney, Columbia, South Carolina, for Appellant. Timothy D. Scrantom, Ten State Street, L.L.P., Charleston, South Carolina, for Appellee. ON BRIEF: J. Rene Josey, United States Attorney, Marvin J. Caughman, Assistant United States Attorney, Robert F. Daley, Jr., Assistant United States Attorney, Columbia, South Carolina; Brooks Thomas, Assistant Chief, U.S. Customs Service, Atlanta, Georgia, for Appellant. Lisa C. Heydinger, Ten State Street, L.L.P., Charleston, South Carolina, for Appellee.

Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Reversed and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge NIEMEYER and Judge DIANA GRIBBON MOTZ joined.

OPINION

BUTZNER, Senior Circuit Judge:

On January 12 and 25, 1994, United States Customs officials seized three containers of garments, Defendants 1 and 2. The United States filed a civil in rem complaint for forfeiture of Defendants 1 and 2 pursuant to 19 U.S.C.A. § 1595a. Prior to a judicial...

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