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U.S. v. DURAN

No. 12-12227 Non-Argument Calendar.

701 F.3d 912 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence S. DURAN, Defendant, Carmen Duran, Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 29, 2012.

Attorney(s) appearing for the Case

Nicole D. Mariani , Maureen Donlan , Wifredo A. Ferrer , Karen E. Moore , Anne Ruth Schultz , U.S. Attys., Miami, FL, Joseph S. Beemsterboer , Jennifer L. Saulino , Benjamin D. Singer , U.S. Dept. of Justice — Crim. Div., Washington, DC, for Plaintiff-Appellee.

Courtney Montiero , Law Offices of Richard C. Klugh, Miami, FL, for Claimant-Appellant.

Alvin E. Entin , Entin & Della Fera, PA, Fort Lauderdale, FL, Richard Carroll Klugh, Jr. , Law Offices of Richard C. Klugh, Miami, FL, Lawrence Richard Metsch , The Metsch Law Firm, PA, Aventura, FL, for Defendant.

Before PRYOR, FAY and ANDERSON, Circuit Judges.

PER CURIAM:

The issue presented is whether a district court has the authority, under the Federal Debt Collection Procedures Act, to determine under state law the ownership interests in property against which the United States has obtained a writ of execution to collect a judgment of restitution in a criminal action. The United States obtained a judgment for restitution of more than $85 million against Lawrence Duran for crimes that he committed in a conspiracy to...

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