PACHECO v. SERENDENSKY

No. 03-6164.

393 F.3d 348 (2004)

Barbara PACHECO, Appellant, United States of America, Plaintiff-Appellee, v. John SERENDENSKY, a/k/a John Vitolano, Joseph Foti & Guy Foti, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 29, 2004.


Attorney(s) appearing for the Case

Evan Wiederkehr, White Plains, N.Y. (DelBello Donnellan Weingarten Tartaglia Wise & Wiederkehr, White Plains, NY, of counsel), for Appellant.

Daniel S. Ruzumna, Assistant United States Attorney, Southern District of New York, New York City (David N. Kelley, United States Attorney, Gary Stein, Assistant United States Attorney, Southern District of New York, New York City, of counsel), for Appellee.

Before: MESKILL, MINER, and KATZMANN, Circuit Judges.


MESKILL, Circuit Judge.

This appeal requires us to determine the extent of the government's interest in real property forfeited to it by a criminal defendant. In particular, our question is whether, with respect to real property, the use of the term "property" in the criminal forfeiture statute, 21 U.S.C. § 853, refers to a parcel of land or to the defendant's interest in that land, where the two are not the same. Because we conclude that a criminal defendant...

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