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UNITED STATES v. McCLELLAN

No. 20-2251.

44 F.4th 200 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Dereck MCCLELLAN; Yvonne Silver, Claimants-Appellants, and 69,940.50 in United States Currency, Asset ID: 19-CBP-000267, Defendant. Institute for Justice, Amicus Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: August 10, 2022.

Attorney(s) appearing for the Case

ARGUED: Adrianne Turner , TURNER LAW, LLC, Columbia, South Carolina, for Appellants. Carrie Fisher Sherard , OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Robert Everett Johnson , INSTITUTE FOR JUSTICE, Shaker Heights, Ohio, for Amicus Curiae. ON BRIEF: M. Rhett DeHart , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South Carolina, for Appellee. Caroline Grace Brothers , INSTITUTE FOR JUSTICE, Arlington, Virginia, for Amicus Curiae.

Reversed and remanded by published opinion. Judge Richardson wrote the opinion, in which Judge Rushing joined. Judge Wilkinson wrote a separate opinion, dissenting.

The United States Government seized $69,940.50 in cash from Dereck McClellan's car. McClellan and his girlfriend, Yvonne Silver, challenged the seizure, claiming that the cash was not subject to forfeiture. To forfeit the seized cash, the Government bore the burden of establishing a connection between the cash and the...

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