· 10/12/2000
United States v. Renee Hooper Michelle Ralph, Dana M. Hooper Paul William Ralph
Citations
- 229 F.3d 818
- 2000 Cal. Daily Op. Serv. 8358
- 2000 Daily Journal DAR 11133
- 2000 U.S. App. LEXIS 25352
- 2000 WL 1509980
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a claimant may prevail under section 853(n)(6)(A) even though her spouse used the family car for drug trafficking by showing that her interest in the vehicle predated the criminal activity
- finding that California may recognize 13 a community property interest in a relief from forfeiture proceeding but finding it unnecessary to 14 decide this issue at that time
- declining \to create other categories of transferee interests that are protected from forfeiture\ in light of the statute's \clear direction\
- employing the analogy of a husband using the family’s car to conduct drug deals (the instrumentality) and the money received in the course of those deals (the proceeds)
- “[I]f property is ‘subsequently transferred,’ ... the transferee is protected only as a bona fide purchaser.”
- “State law determines whether Claimants have a property interest, but federal law determines whether or not that interest can be forfeited.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Canby, Fletcher, Sedwick
Read full opinion on CourtListenerSourced 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.