green
Positive treatment
7.1 score
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 23 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Kevin White
(2×)
But cf. United States v. Weaver, 905 F.2d 1466, 1481 (11th Cir.1990) (information served on defendant and counsel before voir dire, but filed with court after trial began, complied with § 851), cert. denied, --- U.S. ----, 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991). 28 The Johnson court stressed the need to "allow[ ] the defendant ample time to determine whether he should enter a plea or go to trial, and to plan his trial strategy with full knowledge of the consequences of a potential jury verdict." 944 F.2d at 407 .
cited
Cited "see"
United States v. Rutherford
See United States v. Weaver, 905 F.2d 1466, 1481 (11th Cir.1990), ce rt. denied sub nom. 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
discussed
Cited "see"
Pahuta v. Massey-Ferguson, Inc.
Because they are not "final," they are not ordinarily appealable. 28 U.S.C. § 1291 ; see United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road, 916 F.2d 808, 811 (2d Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991); Clark v. Kraftco Corp., 447 F.2d 933, 934 (2d Cir.1971); see also Firestone Tire & Rubber Co., 449 U.S. at 373-74 , 101 S.Ct. 669 . 4 True, we have held that summary judgment denials can be appealed once final judgment is entered if there has been no intervening trial on the merits.
discussed
Cited "see"
Pahuta v. Massey-Ferguson, Inc.
Because they are not “final,” they are not ordinarily appealable. 28 U.S.C. § 1291 ; see United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road, 916 F.2d 808, 811 (2d Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991); Clark v. Kraftco Corp, 447 F.2d 933, 934 (2d Cir.1971); see also Firestone Tire & Rubber Co., 449 U.S. at 373-74 , 101 S.Ct. 669 . 4 True, we have held that summary judgment denials can be appealed once final judgment is entered if there has been no intervening trial on the merits.
discussed
Cited "see"
United States v. Michelle's Lounge
See Monsanto IV, 924 F.2d at 1198-99 . . 19 U.S.C. § 1615 provides in part that “In all suits or actions ... brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized ... where the property is claimed by one person, the burden of proof shall lie upon such claimant ... [pjrovided, that probable cause shall be first shown for the institution of such suit....” .Several courts have upheld the constitutionality of this allocation of the burden of proof, see, e.g., United States v. 228 Acres of Land and Dwelling, 916 F.2d 808, 814 (2d Cir.1990), cert. denied, 4…
discussed
Cited "see"
United States v. Daccarett
See United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road, 916 F.2d 808, 811-12 (2d Cir.1990) (Whites Hill), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
discussed
Cited "see"
United States Court of Appeals, Second Circuit
See United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road, 916 F.2d 808, 811-12 (2d Cir.1990) (Whites Hill ), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991). 90 Since 1986 our caselaw has consistently relied on Banco Cafetero for the proposition that, to establish probable cause, the government must have "reasonable grounds" to believe the property is subject to forfeiture, and that these grounds must rise above the level of "mere suspicion". 797 F.2d at 1160 .
cited
Cited "see"
United States v. All Funds Presently on Deposit or Attempted to Be Deposited in Any Accounts Maintained at American Express Bank
See United States v. 228 Acres of Land, 916 F.2d 808 , 814 (2d Cir.1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
discussed
Cited "see"
United States v. Shu Yan Eng
See United States v. 228 Acres of Land & Dwelling Located on Whites Hill Road in Chester, Vt., 916 F.2d 808, 813-14 (2d Cir.1990) (claimant-appellant's "attempts to conceal his income and assets, ... his unexplained accumulation of the substantial cash used to acquire the forfeited parcels, and his demonstrably false claim that he had paid for these parcels with income from businesses on which the 'income taxes were paid,' " were factors establishing probable cause that properties were proceeds traceable to illegal drug activities, as required for civil forfeiture under 21 U.S.C. § 881 ), cer…
discussed
Cited "see"
United States v. Shu Yan Eng
See United States v. 228 Acres of Land & Dwelling Located on Whites Hill Road in Chester, Vt., 916 F.2d 808, 813-14 (2d Cir.1990) (claimant-appellant’s “attempts to conceal his income and assets, ... his unexplained accumulation of the substantial cash used to acquire the forfeited parcels, and his demonstrably false claim that he had paid for these parcels with income from businesses on which the ‘income taxes were paid,’ ” were factors establishing probable cause that properties were proceeds traceable to illegal drug activities, as required for civil forfeiture under 21 U.S.C. § …
discussed
Cited "see"
Dan H. Hoxworth Louise A. Hoxworth Bradley Gavron Barry Brownstein Richard Donaldson Mary Donaldson Andress Kernick Edward J. Bush, Rose M. Weber Stanley Bernstein Dorothy Bernstein David Reiff Joel Lieberman Jane Scheck Kenneth J. Holtmeyer, on Behalf of Themselves and All Others Similarly Situated v. Blinder, Robinson & Co., Inc. Meyer Blinder John Cox Intercontinental Enterprises, Inc. Bradley Gavron Daniel H. Hoxworth Louise A. Hoxworth Barry Brownstein Richard Donaldson Mary Donaldson Andress Kernick Edward J. Bush Rose M. Weber Stanley Bernstein Dorothy Bernstein David Reiff Joel Lieberman Jane Scheck Kenneth J. Holtmeyer, on Behalf of Themselves and All Others Similarly Situated v. Blinder, Robinson & Co., Inc. Meyer Blinder John Cox Intercontinental Enterprises, Inc. Barry Brownstein Don Townsend Daniel H. Hoxworth Louise A. Hoxworth Bradley Gavron Barry Brownstein Richard Donaldson Mary Donaldson Andress Kernick Edward J. Bush Rose M. Weber Stanley Bernstein Joel Lieberman Jane Scheck Kenneth J. Holtmeyer, on Behalf of Themselves and All Others Similarly Situated v. Blinder, Robinson & Co., Inc. Meyer Blinder Intercontinental Enterprises, Inc. Meyer Blinder and Intercontinental Enterprises, Inc., in No. 92-1108. John Cox, in No. 92-1116
See United States v. 228 Acres of Land and Dwelling, 916 F.2d 808, 811 (2d Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991). 53 Plaintiffs assert that defendants are foreclosed from challenging the certification of the class because of their default.
cited
Cited "see"
Hoxworth v. Blinder, Robinson & Co.
See United States v. 228 Acres of Land and Dwelling, 916 F.2d 808, 811 (2d Cir.1990), cert. denied, — U.S.-, 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
discussed
Cited "see"
United States v. Kenneth Charles Fragoso
First, Fragoso could not challenge his 1980 conviction under the limitations provision of section 851(e), and where that section prohibits a challenge to a conviction, “[njeither the enhancement statute nor reason requires a trial court to adhere to the rituals of § 851(b).” United States v. Nanez, 694 F.2d 405, 413 (5th Cir.1982), cert. denied, 461 U.S. 909 , 103 S.Ct. 1884 , 76 L.Ed.2d 813 (1983); see United States v. Weaver, 905 F.2d 1466, 1482 (11th Cir.1990), cert. denied, — U.S. —, 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
discussed
Cited "see"
U.S. v. Fragoso
First, Fragoso could not challenge his 1980 conviction under the limitations provision of section 851(e), and where that section prohibits a challenge to a conviction, "[n]either the enhancement statute nor reason requires a trial court to adhere to the rituals of § 851(b)." United States v. Nanez, 694 F.2d 405, 413 (5th Cir. 1982), cert. denied, 461 U.S. 909 , 103 S. Ct. 1884 , 76 L.Ed.2d 813 (1983); see United States v. Weaver, 905 F.2d 1466, 1482 (11th Cir. 1990), cert. denied, ____ U.S. ____, 111 S. Ct. 972 , 112 L.Ed.2d 1058 (1991).
cited
Cited "see"
United States v. One Parcel Property Located at 3504 and 3506 Old Hydes Ferry Pike, Nashville, Tennessee
See United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road in Chester, Vt., 916 F.2d 808, 811 (2d Cir.1990), cert. denied, 111 S.Ct. 972 (1991).
cited
Cited "see"
United States of America (Drug Enforcement Agency) v. In Re One 1987 Jeep Wrangler Automobile Vin 2bccl8132hbs12835, Izaak Draper, Claimant-Appellant
See United States v. 228 Acres of Land, 916 F.2d 808 , 811-12 (2d Cir.1990), cert. denied, — U.S.-, 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
discussed
Cited "see"
United States v. 1990 Pontiac Grand Prix, VIN 1G2WJ14T5LF239678
See United States v. 228 Acres of Land & Dwelling Located on Whites Hill Road, 916 F.2d 808, 814 (2d Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991) (Detail and specificity of [DEA agent’s] affidavit establishing probable cause, viewed in the light of [claimant’s] express declination to present evidence challenging the Government’s evidence of probable cause, warranted grant of summary judgment in favor of Government); United States v. Aiello, 912 F.2d 4, 7 (2d Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 757 , 112 L.Ed.2d 777 (1991) (Failure of claimant to…
discussed
Cited "see"
United States v. Four Parcels of Real Property in Greene & Tuscaloosa Counties
See United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road, 916 F.2d 808, 812-14 (2d Cir.1990) (government showed probable cause for forfeiture of property in part because “[t]he district court could reasonably infer that it was unusual to pay for expensive property such as ... heavy construction equipment with cash”), cert. denied, — U.S. -, 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991); cf Single Family Residence, 803 F.2d at 630 (“people engaged in illegal activities often attempt to disguise their interests in property by placing title in someone else’s name” (qu…
discussed
Cited "see"
United States v. Four Parcels of Real Property in Greene and Tuscaloosa Counties in the State of Alabama
See United States v. 228 Acres of Land and Dwelling Located on Whites Hill Road, 916 F.2d 808, 812-14 (2d Cir.1990) (government showed probable cause for forfeiture of property in part because "[t]he district court could reasonably infer that it was unusual to pay for expensive property such as ... heavy construction equipment with cash"), cert. denied, --- U.S. ----, 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991); cf. Single Family Residence, 803 F.2d at 630 ("people engaged in illegal activities often attempt to disguise their interests in property by placing title in someone else's name" (quoting …
discussed
Cited "see"
United States v. Leasehold Interest in 121 Nostrand Avenue
(2×)
See United States v. 228 Acres of Land *1032 and Dwelling Located on Whites Hill Rd. in Chester, Vermont, 916 F.2d 808, 811-12 (2d Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991); United States v. Premises and Real Property at 4492 S. Livonia Rd., Livonia, New York, 889 F.2d 1258, 1267 (2d Cir.1989), reh’g denied, 897 F.2d 659 (2d Cir.1990); cf. 19 U.S.C. § 1615 (1988).
cited
Cited "see, e.g."
United States v. Abbell
See, e.g., United States v. Stuckey, 917 F.2d 1537 (11th Cir. 1990), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991).
discussed
Cited "see, e.g."
United States v. Teeven
See e.g., United States v. 228 Acres of Land and Dwelling, 916 F.2d 808, 814 (2d Cir.1990) (We find nothing unconstitutional in Congress's allocation of the burdens of proof in forfeiture cases), cert. denied, 498 U.S. 1091 , 111 S.Ct. 972 , 112 L.Ed.2d 1058 ; United States v. Santoro, 866 F.2d 1538, 1543 (4th Cir.1989) (The way the burden of proof is allocated does not violate due process); United States v. $250,-000 In U.S. Currency, 808 F.2d 895 (1st Cir.1987) (Congress may generally alter the traditional allocation of the burden of proof without compromising due process unless the statute …
discussed
Cited "see, e.g."
United States v. Eleazar Garcia
See United States v. Nanez, 694 F.2d 405, 413 (5th Cir.1982), cert. denied, 461 U.S. 909 , 103 S.Ct. 1884 , 76 L.Ed.2d 813 (1983) (holding that where a challenge to the validity of a prior conviction was barred by § 851(e), the district court’s failure to inform the defendant of the timing of a challenge did not require a remand for resentencing); see also United States v. Weaver, 905 F.2d 1466, 1482 (11th Cir.1990), ce rt. denied, — U.S. -, 111 S.Ct. 972 , 112 L.Ed.2d 1058 (1991) (where § 851(e) bars challenge to prior conviction, failure to comply with warning requirement of § 851(b) …
Retrieving the full opinion text from the archive…
Camoscio
v.
Board of Registration in Podiatry
v.
Board of Registration in Podiatry
No. 90-1180.
Supreme Court of the United States.
Feb 19, 1991.
Published
Sup. Jud. Ct. Mass. Certiorari denied.