UNITED STATES of America, Plaintiff-Appellee,
v.
William Todd CHAMBERLAIN, Defendant-Appellant.
National Association of Criminal Defense Lawyers; Cato Institute, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Submitted: July 31, 2017.
Decided: August 18, 2017.
Attorney(s) appearing for the Case
ARGUED: Elliot Sol Abrams , CHESHIRE PARKER SCHNEIDER & BRYAN, PLLC, Raleigh, North Carolina, for Appellant. Stephen Aubrey West , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: Samuel B. Hartzell , WOMBLE CARLYLE SANDRIDGE & RICE, LLP, Raleigh, North Carolina, for Appellant. Kenneth A. Blanco , Acting Assistant Attorney General, Trevor N. McFadden , Deputy Assistant Attorney General, James I. Pearce , Criminal Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; John Stuart Bruce , United States Attorney, G. Norman Acker, III , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Thomas K. Maher , NORTH CAROLINA OFFICE OF INDIGENT DEFENSE SERVICES, Durham, North Carolina; Ilya Shapiro , CATO INSTITUTE, Washington, D.C.; Abbe David Lowell , Scott W. Coyle , CHADBOURNE & PARKE LLP, Washington, D.C., for Amici Curiae.
Vacated by published opinion. Judge Wynn wrote the opinion, in which Chief Judge Gregory and Judges Wilkinson, Niemeyer, Motz, Traxler, King, Shedd, Duncan, Agee, Keenan, Diaz, Floyd, Thacker, and Harris joined.
WYNN, Circuit Judge:
This case calls upon us to reconsider our anomalous rule permitting the pretrial restraint of a defendant's innocent property pursuant to the federal criminal forfeiture statute, 21 U.S.C. § 853. Arguing that the Supreme Court's recent decision in Luis v. United States, ___ U.S. ___, 136 S.Ct. 1083...
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