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U.S. v. MELROSE EAST SUBDIVISION

No. 02-30743.

357 F.3d 493 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. MELROSE EAST SUBDIVISION, Third Filing, East Baton Rouge Parish Louisiana; et al., Defendants, Lyman D. White, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 13, 2004.

Attorney(s) appearing for the Case

Stefan Dante Cassella (argued), U.S. Dept. of Justice, Asset Forfeiture & Money Laundering, Washington, DC, Lyman Edgar Thornton, III, Asst. U.S. Atty., Baton Rouge, LA, for Plaintiff-Appellee.

John E. Di Giulio, New Orleans, LA, Richard William Westling (argued), Law Offices of Richard W. Westling, New Orleans, LA, for Claimant-Appellant.

Before KING, Chief Judge, DENNIS, Circuit Judge, and LYNN, District Judge.

KING, Chief Judge:

The United States filed a civil forfeiture complaint in the district court and on the same day obtained a pretrial restraining order under 18 U.S.C. § 983(j)(1)(A) enjoining the transfer of the defendant property. A claimant to the property, who was indicted on federal charges as part of the same investigation that led to the civil forfeiture complaint, filed a motion in the district court seeking to modify the restraining order to release...

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