U.S. v. GROSS

No. 98-3829 Non-Argument Calendar.

213 F.3d 599 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Harold GROSS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

As Revised August 2, 2000.


Attorney(s) appearing for the Case

Morris D. Purcell, Jr., Barr, Murman, Tonelli, Herzfeld & Rubin, Tampa, FL, for Defendant-Appellant.

Peggy Morris Ronca, Asst. U.S. Atty., Jacksonville, FL, Tamra Phipps, James Conway Preston, Jr., Tampa, FL, Robert P. Barclift, Ft. Myers, FL, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, DUBINA, Circuit Judge, and FAY, Senior Circuit Judge.


PER CURIAM:

This case presents an issue of first impression in this Court: whether a preliminary order of forfeiture is final and immediately appealable. We hold that this preliminary order of forfeiture is final and immediately appealable and we set aside this forfeiture and remand to the district court for a hearing.

Defendant-appellant, Harold Gross, was convicted of conspiracy to distribute marijuana in violation of 21 U.S.C. § 846 and sentenced to...

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