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VON HOFE v. U.S.

No. 05-2969-cv.

492 F.3d 175 (2007)

Harold E. VON HOFE, Kathleen M. von Hofe, Claimant-Appellants, Property, Parcel of, 32 Medley Lane, Branford, CT Defendant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 27, 2007.

Attorney(s) appearing for the Case

Jonathan Einhorn, New Haven, Connecticut, for Claimant-Appellants.

David X. Sullivan, Assistant United States Attorney on behalf of Kevin J. O'Connor, United States Attorney for the District of Connecticut (Sandra S. Glover, Assistant United States Attorney for the District of Connecticut, on the brief), for Plaintiff-Appellee.

Before: McLAUGHLIN, WESLEY, Circuit Judges, SESSIONS, District Judge.

WESLEY, Circuit Judge:

Claimants Harold and Kathleen von Hofe appeal from a civil judgment ordering the forfeiture of their home, 32 Medley Lane. They contend the forfeiture violates the Excessive Fines Clause of the Eighth Amendment, which "limits the government's power to extract payments, whether in cash or in kind, as punishment for some offense." Austin v. United States, 509 U.S. 602, 609-10, 113 S.Ct. 2801, 125 L.Ed.2d...

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