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U.S. v. BRADLEY

No. 16-601-cr August Term 2017.

882 F.3d 390 (2018)

UNITED STATES of America, Appellee, v. William E. BRADLEY, John B. Ohle, III, Defendants, Patricia Dalton Ohle, Festivus for the Rest of Us, Inc., The Museum of Sports History, LLC, The JSJD Grantor Trust, The Dalton Ohle Investment Property Trust, Movants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: February 16, 2018.

Attorney(s) appearing for the Case

NANETTE L. DAVIS , Special Assistant United States Attorney, ( Stanley J. Okula, Jr. , Special Assistant United States Attorney, Micah W.J. Smith , Sarah Kathleen Eddy , Assistant United States Attorneys, on the brief), United States Attorney's Office for the Southern District of New York, for Appellee.

WESLEY D. EHRHARDT ( Hiram C. Eastland, Jr. , Eastland Law Offices, PLLC, Greenwood, Miss., on the brief), Patterson Ehrhardt PLLC, Como, Miss., for Movants-Appellants.

Before: Leval, Calabresi, and Cabranes, Circuit Judges.

This appeal presents two questions, not previously settled by this Court, concerning the application of Federal Rule of Appellate Procedure 4. The first question is whether a 21 U.S.C. § 853(n) proceeding, in which third parties claim an interest in criminally forfeited property, is civil or criminal. The second question...

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