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U.S. v. DODGE CARAVAN GRAND SE/SPORT VAN

No. 03-1925.

387 F.3d 758 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. DODGE CARAVAN GRAND SE/SPORT VAN, VIN # 1B4GP44G2YB7884560; Defendant, Erin Clemons, Claimant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 27, 2004.

Attorney(s) appearing for the Case

Duane C. Dougherty, argued, Omaha, NE (Matthew L. McBride, on the brief), for appellant.

Nancy A. Svoboda, argued, Asst. U.S. Atty., Omaha, NE, for appellee.

Before MELLOY, SMITH, and COLLOTON, Circuit Judges.

MELLOY, Circuit Judge.

The claimant-appellant, Erin Clemons, appeals the district court's order of forfeiture of her 2000 Dodge Caravan Sport SE, which followed her guilty plea in state court to "possession of a controlled substance by theft, misrepresentation, fraud, forgery, deception, or subterfuge." See Neb.Rev.Stat. § 28-418(1)(c). She argues that the forfeiture order is unconstitutionally excessive. For the reasons stated below, we reverse and remand...

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