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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.