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· 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 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.