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U.S. v. ANY AND ALL RADIO STATION

No. 99-3991.

218 F.3d 543 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. ANY AND ALL RADIO STATION TRANSMISSION EQUIPMENT, RADIO FREQUENCY POWER AMPLIFIERS, RADIO FREQUENCY TEST EQUIPMENT AND ANY OTHER EQUIPMENT ASSOCIATED WITH OR USED IN CONNECTION WITH THE TRANSMISSIONS WITHIN THE FM BROADCAST BAND, LOCATED AT 9613 MADISON AVENUE, CLEVELAND, OHIO, 44102, Defendant, William Perez, Claimant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 6, 2000.

Attorney(s) appearing for the Case

Robert S. Greenspan (briefed), Jacob M. Lewis (briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Appellee.

Paul Mancino, Jr. (briefed), Mancino, Mancino & Mancino, Cleveland, Ohio, for Appellant.

Before: JONES, BOGGS, and MOORE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

The United States brought this civil in rem forfeiture action under the Communications Act of 1934 against radio transmission equipment used by claimant William Perez for unlicensed radio broadcasting. In response, Perez did not deny that he had been broadcasting from a radio station without a license but instead raised several constitutional and statutory objections to the forfeiture. The district court granted summary judgment...

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