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U.S. v. McHAN

Nos. 01-2060, 02-2067 and 02-2090.

345 F.3d 262 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Charles William McHAN; Martha Beavers McHan; Samuel Ray McHan, personal representative of John Davis McHan, Defendants-Appellants. United States of America, Plaintiff-Appellee, v. Charles William McHan; Martha Beavers McHan; Samuel Ray McHan, personal representative of John Davis McHan, Defendants-Appellants. United States of America, Plaintiff-Appellant, v. Charles William McHan; Martha Beavers McHan; Samuel Ray McHan, personal representative of John Davis McHan, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: September 29, 2003.

Attorney(s) appearing for the Case

ARGUED: David Benjamin Smith, English & Smith, Alexandria, Virginia, for Appellants. Thomas Richard Ascik, Assistant United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Robert J. Conrad, Jr., United States Attorney, Asheville, North Carolina, for Appellee.

Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.

Affirmed in part, reversed in part and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER joined. Judge LUTTIG wrote an opinion concurring in part and concurring in the judgment in part.

OPINION

NIEMEYER, Circuit Judge.

Following the conviction of Charles McHan, Sr. for drug-trafficking and related offenses, the district court determined, pursuant to 21 U.S.C. § 853(a), that McHan was required to forfeit...

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