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LUCAS v. U.S.

No. 14-2291.

775 F.3d 544 (2015)

Nicholas M. LUCAS, as assignee of Justin Lucas, Petitioner-Appellant, v. UNITED STATES of America, Drug Enforcement Administration, an agency of the United States of America, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2015.

Attorney(s) appearing for the Case

Wayne P. Smith , Schenectady, New York, for Petitioner-Appellant.

Gwendolyn E. Carroll , Assistant United States Attorney, on behalf of Richard S. Hartunian , United States Attorney for the Northern District of New York, Syracuse, New York, for Respondents-Appellees.

Before: LYNCH and CHIN, Circuit Judges, and KOELTL, District Judge.

Petitioner-appellant Nicholas Lucas was arrested for marijuana possession in 2011. His brother, Justin Lucas, paid $50,000 in cash to bail him out of the Otsego County Jail. However, the Drug Enforcement Administration seized the bail money as part of a criminal investigation and Nicholas remained in jail. After Nicholas's case was resolved...

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