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U.S. v. SHEFTON

Nos. 07-15772, 07-15773 Non-Argument Calendar.

548 F.3d 1360 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Stacey SHEFTON, Michael D. Dunn, Willie J. Anderson, Jr., Defendants, Attorney's Title Insurance Fund, Inc., Interested Party-Appellant. United States of America, Plaintiff-Appellee, v. Willie J. Anderson, Jr., Defendant, Attorney's Title Insurance Fund, Inc., Interested Party-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 17, 2008.

Attorney(s) appearing for the Case

William C. Collins, Jr., John Michael Kearns, Burr & Forman, LLP, Atlanta, GA, for Appellant.

Amy Lee Copeland, Savannah, GA, for U.S.

Before HULL, MARCUS and PRYOR, Circuit Judges.

PER CURIAM:

Attorney's Title Insurance Fund, Inc. (the "Fund") appeals the district court's dismissal of the Fund's petition, under 21 U.S.C. § 853(n)(2), for an ancillary hearing with regard to the Fund's interest in certain property that was subject to a criminal forfeiture order. The district court held that the Fund's constructive trust on the property is not a legal interest that can defeat the government's forfeiture claim. After review, we reverse.

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