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U.S. v. JARVIS

No. 06-2264.

499 F.3d 1196 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Dana JARVIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 28, 2007.

Attorney(s) appearing for the Case

Jody Neal-Post, Albuquerque, NM, for Defendant-Appellant.

Stephen R. Kotz, Assistant United States Attorney (Larry Gomez, Acting United States Attorney, James R.W. Braun, Assistant United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, HOLLOWAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

This is an interlocutory appeal from a district court order denying the motion of Defendant-Appellant Dana Jarvis to release funds. At issue is the propriety of two notices of lis pendens filed under New Mexico state law by the United States on substitute property potentially subject to criminal forfeiture under 21 U.S.C. § 853.

This court has jurisdiction pursuant to the collateral order...

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