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U.S. v. $124,700 IN U.S. CURRENCY

No. 05-3295.

458 F.3d 822 (2006)

UNITED STATES of America, Plaintiff/Appellant, v. $124,700, IN U.S. CURRENCY, Defendant/Appellee, Manuel Gomez; Andres Madrigal Morgan; Emiliano Gomez Gonzolez, Claimants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2006.

Attorney(s) appearing for the Case

Nancy A. Svoboda, argued, Asst. U.S. Attorney, Omaha, NE, for appellant.

Michael J. McCabe, argued, San Diego, CA, for appellee.

Before ARNOLD, LAY, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

The United States initiated civil forfeiture proceedings against $124,700 in United States currency, alleging that the money was subject to forfeiture as the proceeds of a drug transaction or as property used to facilitate the possession, transportation, sale, concealment, receipt, or distribution of a controlled substance. See 21 U.S.C. § 881(a)(6). Three individuals filed claims opposing the forfeiture, and after a bench trial...

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