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U.S. v. CASEY

Nos. 04-30525, 05-30016.

444 F.3d 1071 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Michael David CASEY, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Michael David Casey, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 10, 2006.

Attorney(s) appearing for the Case

Nancy Bergeson, Assistant Federal Public Defender, Portland, OR, argued the cause for the petitioner and was on the briefs.

Jennifer J. Martin, Assistant United States Attorney, Portland, OR, argued the cause for the respondent; Karin J. Immergut, United States Attorney, Portland, OR, was on the briefs.

Before BROWNING, D.W. NELSON, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether the United States is entitled to a money judgment forfeiture order against a criminal defendant who was convicted of a drug crime but had no assets at the time of sentencing.

I

In late 2001, two men agreed to purchase 1,000 tablets of 3,4-methylenedioxy-methamphetamine (MDMA), a controlled substance commonly referred to as "ecstasy," from Michael Casey. 21 C.F.R. § 1308.11(d)(11) (2005). The...

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