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U.S. v. PREMISES KNOWN AS 7725 UNITY AVE. NORTH

Nos. 01-3074, 01-3212.

294 F.3d 954 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. PREMISES KNOWN AS 7725 UNITY AVENUE NORTH, BROOKLYN PARK, MINNESOTA, Defendant. Tonya Howell; Anthony Tyrone Howell; County of Hennepin; Claimants, v. GMAC Mortgage Corporation, Movant-Appellant. United States of America, Plaintiff-Appellee, v. Premises Known as 7725 Unity Avenue North, Brooklyn Park, Minnesota, Defendant. Tonya Howell, Anthony Tyrone Howell, Claimants-Appellants, County of Hennepin, Claimant, v. GMAC Mortgage Corporation, Movant.

United States Court of Appeals, Eighth Circuit.

Filed: July 1, 2002.

Attorney(s) appearing for the Case

Eric R. Heiberg, argued, Minneapolis, MN (Katherine M. Bergenthal, on the brief), for appellant in No. 01-3074.

Barry Voss, argued, Minneapolis, MN (Timothy Hickman, on the brief), for appellant in No. 01-3212.

Mary Trippler, Asst. U.S. Atty., argued, Minneapolis, MN (Thomas B. Heffelfinger, on the brief), for appellee.

Before: BOWMAN, FAGG, and BYE, Circuit Judges.

FAGG, Circuit Judge.

After Anthony Tyrone Howell pleaded guilty to conspiracy to distribute cocaine, cocaine base, and marijuana, the Government filed this action seeking civil forfeiture of Howell's house at 7725 Unity Avenue North, Brooklyn Park, Minnesota, under 21 U.S.C. § 881(a)(6) (2000). Howell and his wife, Tonya Howell, refinanced an existing GMAC mortgage through GMAC Mortgage Corporation (GMAC) in March 1999. Although it made two unsuccessful attempts...

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