U.S. v. REAL PROPERTY LOCATED 1407 N. COLLINS ST.

No. 17-10624 Cons w/ 17-10626.

901 F.3d 268 (2018)

UNITED STATES of America, Plaintiff-Appellee v. REAL PROPERTY LOCATED AT 1407 NORTH COLLINS STREET, ARLINGTON, TEXAS; Real Property Located at 4418 Maple Avenue, Dallas, Texas; Real Property Located at 701 East 5th Street, Austin, Texas; Real Property Located at 9515 Skillman Street, Dallas, Texas; Real Property Located at 5800 Maple Avenue, Dallas, Texas; et al.; Defendants v. Gerald Shults; Gas Pipe, Incorporated; Amy Lynn, Incorporated; Ridglea Complex Management, Incorporated; Rapids Camp Lodge, Incorporated; Amy Lynn Herrig; Dan Christopher Herrig, Claimants-Appellants United States of America, Plaintiff-Appellee v. Gas Pipe, Incorporated; Amy Lynn, Incorporated; Gerald Shults, also known as Jerry; Amy Herrig; Rapids Camp Lodge, Incorporated; Ridglea Complex Management, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED August 16, 2018.


Attorney(s) appearing for the Case

Joseph Andrew Magliolo, Esq. , U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Steven Leigh Kessler, Esq. , Law Offices of Steven L. Kessler, New York, NY, Michael Mowla , Cedar Hill, TX, for Claimants-Appellants.

Before DAVIS, HAYNES, and DUNCAN, Circuit Judges.


Claimants challenge the pretrial restraint of their property under civil forfeiture laws, arguing the Government failed to show the requisite probable cause. The district court denied Claimants' motion to release their property. For the reasons set forth below, we AFFIRM.

I. Background

The grand jury's indictment...

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