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U.S. v. PARCEL OF PROPERTY

Docket Nos. 00-6312(L), 00-6314(CON), 00-6316(CON).

337 F.3d 225 (2003)

UNITED STATES of America, Appellee, v. PROPERTY, PARCEL OF Defendant, Francisco Aguilar, Claimant-Appellant,

United States Court of Appeals, Second Circuit.

Decided: July 28, 2003.

Attorney(s) appearing for the Case

Robert J. Sullivan, Jr., Westport, CT, for Claimant-Appellant.

William J. Nardini, Assistant United States Attorney, District of Connecticut (Kevin J. O'Connor, United States Attorney, Jeffrey A. Meyer, Assistant United States Attorney, on the brief), for Appellee.

Before: FEINBERG and JACOBS, Circuit Judges.

FEINBERG, Circuit Judge.

The principal issue in this appeal is the constitutionality of the civil forfeiture procedures in effect prior to enactment of the Civil Asset Forfeiture Reform Act ("CAFRA").1 The law prior to CAFRA allowed the government to seize property on a mere showing of probable cause and then placed the burden of proof on the claimant to show by a preponderance of the evidence that the property was not subject to forfeiture...

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