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U.S. v. $79,650.00 SEIZED FROM BANK OF AMERICA

Nos. 10-1291, 10-1294.

650 F.3d 381 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. $79,650.00 SEIZED FROM BANK OF AMERICA ACCOUNT ENDING IN 8247, AT BANK OF AMERICA, 7400 LITTLE RIVER TURNPIKE, ANNANDALE, VIRGINIA, IN THE NAME OF GIRMA AFEWORK, Defendant-Appellee, Girma Afework, Claimant-Party in Interest. United States of America, Plaintiff-Appellee, v. $79,650.00 Seized from Bank of America Account Ending in 8247, at Bank of America, 7400 Little River Turnpike, Annandale, Virginia, in the Name of Girma Afework, Defendant-Appellee, Girma Afework, Claimant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 9, 2011.

As Corrected: June 2, 2011.

Attorney(s) appearing for the Case

ARGUED: Gordon D. Kromberg , Office of the United States Attorney, Alexandria, Virginia, for the United States. Richard E. Gardiner , Fairfax, Virginia, for Party in Interest. ON BRIEF: Neil H. MacBride , United States Attorney, Karen Ledbetter Taylor , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for the United States.

No. 10-1291 vacated and remanded; No. 10-1294 affirmed by published opinion. Judge KING wrote the opinion, in which Chief Judge TRAXLER and Judge WYNN joined.

OPINION

KING, Circuit Judge:

Following civil forfeiture proceedings in the Eastern District of Virginia, the government has appealed from the district court's post-judgment order of January 15, 2010, reducing on Eighth Amendment grounds the forfeiture judgment from $79,650 to $50,000. See United States v. $79,650.00 Seized from Bank of Am. Account Ending in 8247, No. 1:08-cv-01233 (E.D.Va. Jan. 15,...

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