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U.S. v. 16328 SOUTH 43RD EAST AVENUE

No. 00-5117.

275 F.3d 1281 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. 16328 SOUTH 43RD EAST AVENUE, BIXBY, TULSA COUNTY, OKLAHOMA, sued as: one parcel of real property known as: 16328 South 43rd Avenue, Bixby, Tulsa County, Oklahoma, and all buildings, appurtenances, and improvements thereon, Defendant. Ozella Scott, Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 10, 2002.

Attorney(s) appearing for the Case

James C. Linger, Butler & Linger, Tulsa, OK, appearing for Appellant.

Catherine J. Depew, Assistant United States Attorney (Thomas Scott Woodward, United States Attorney, with her on the brief), Office of the United States Attorney, Tulsa, OK, appearing for Appellee.

Before TACHA, Chief Judge, GARTH, and EBEL, Circuit Judges.

TACHA, Chief Circuit Judge.

Ozella Scott appeals the forfeiture of her property under 21 U.S.C. § 881(a)(7). Ms. Scott argues that the district court erred in interpreting and applying the innocent owner defense under § 881(a)(7). We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.

I. Background

Police conducted a raid on appellant Ozella Scott's real property on August 28, 1995. During the course of this raid...

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