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U.S. v. CHAVEZ

No. 02-10307.

323 F.3d 1216 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Lorena CHAVEZ, Claimant-Appellant, Rafael Quiroz, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 2003.

Attorney(s) appearing for the Case

Suzanne Adele Luban, Esq., Oakland, CA, for the claimant-appellant.

Kathleen A. Servatius, Assistant United States Attorney, Fresno, CA, for the plaintiff-appellee.

Before: NOONAN, THOMAS and CLIFTON, Circuit Judges.

OPINION

NOONAN, Circuit Judge:

Lorena Chavez appeals the district court's order of forfeiture of the lottery winnings owed to Rafael Quiroz-Montejano. Chavez contends that Quiroz, her husband, had transferred his interest in the winnings to her prior to the order of forfeiture. We hold that, pursuant to 21 U.S.C. § 853, the property was properly held forfeited to the United States.

FACTS

On February 4, 1989, Rafael Quiroz won California...

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