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U.S. v. $48,100.00 IN U.S. CURRENCY

No. 13-1902.

756 F.3d 650 (2014)

UNITED STATES of America, Plaintiff-Appellee v. $48,100.00 IN UNITED STATES CURRENCY, Defendant. John R. Nelson, Claimant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 27, 2014.

Attorney(s) appearing for the Case

Patrick Cavanaugh Brennan, Sr. , argued, Milwaukee, WI, for Appellant.

Nancy A. Svoboda , AUSA, argued, Omaha, NE, for Appellee.

Before LOKEN, BYE, and BENTON, Circuit Judges.

BYE, Circuit Judge.

Claimant John R. Nelson appeals the magistrate judge's order directing forfeiture of $48,100.00 seized pursuant to a traffic stop. We reverse the order of forfeiture and remand with directions to dismiss the action.

I

This case stems from the seizure of currency pursuant to a lawful traffic stop which occurred on October 19, 2009. When stopped, Nelson was driving his parents' recreational vehicle (RV) east from Colorado toward...

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