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U.S. v. NAVA

No. 03-30010.

404 F.3d 1119 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Robert NAVA, Sr., aka Big Vic, Defendant, and Victoria Nava, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2005.

Attorney(s) appearing for the Case

Jack E. Sands, Attorney at Law, Billings, MT, for the appellant.

William W. Mercer and James E. Seykora, U.S. Attorney's Office, Billings, MT, for appellee United States of America.

Before: O'SCANNLAIN, RYMER, and BYBEE, Circuit Judges.

Opinion by Judge BYBEE; Dissent by Judge RYMER.

BYBEE, Circuit Judge:

Victor "Big Vic" Nava, Sr., was convicted of conspiracy to distribute and possession with intent to distribute methamphetamine. The jury also rendered a special verdict that several properties were used to facilitate his crimes or were proceeds of them and should be forfeited to the government pursuant to 21 U.S.C. § 853. Victor's daughter, Victoria Nava, petitioned the district court...

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