· 8/6/1992
United States of America (Drug Enforcement Agency) v. In Re One 1987 Jeep Wrangler Automobile Vin 2bccl8132hbs12835, Izaak Draper, Claimant-Appellant
Citations
- 972 F.2d 472
- 1992 U.S. App. LEXIS 18536
- 1992 WL 186689
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that after administrative forfeiture proceedings have commenced, a district court lacks subject matter jurisdiction to hear claims regarding the seizure
- holding that “once the administrative process had begun, the district court loses subject matter jurisdiction to adjudicate the matter in a peripheral setting such as a [Federal Rule of Criminal Procedure] 41(e) motion”
- noting that the Government has represented both that the $100,000 was being drawn from and deposited to the MHTC account
- rejecting an argument that the government denied a claimant due process by failing to publish a notice of a seizure, given that the claimant had actual notice of the seizure and filed a claim to the seized property
- rejecting an argument that the government denied a claimant due process by failing to publish a notice of a seizure, given that the claimant had actual notice of the seizure and filed a claim to the seized property
- once the administrative proceeding had begun, the district court loses subject matter jurisdiction to adjudicate claims regarding the seizure
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, McLaughlin, McAvoy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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