United States v. Roscoe L. Littlefield, 821 F.2d 1365 (9th Cir. 1987). · Go Syfert
United States v. Roscoe L. Littlefield, 821 F.2d 1365 (9th Cir. 1987). Cases Citing This Book View Copy Cite
65 citation events (15 in the last 25 years) across 18 distinct courts.
Strongest positive: United States v. Juluke (ca5, 2005-09-28)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Juluke (2×) also: Cited as authority (rule)
5th Cir. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
by specifying that property is subject to forfeiture if it was used 'in any manner or part' to commit or facilitate a drug offense, congress plainly provided for forfeiture of property even where only a portion of it was used for the prohibited purposes.
discussed Cited as authority (rule) United States of America v. One 2003 Ferrari Enzo AB Version E, VIN #: ZFFCZ56B000132659, et al.; B and R Acquisition Partners, LLC and JHM Lending Ventures, LLC
N.D.N.Y. · 2026 · confidence medium
Congress' intention [was] to vest in the government the same substantive rights under the two statutes, notwithstanding their technical differences." Pacheco v. Serendensky, 393 F.3d 348, 355 (2d Cir. 2004) (citing United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir. 1987); United States v. Smith, 966 F.2d 1045, 1053-54 (6th Cir. 1992)) (internal citations omitted).
discussed Cited as authority (rule) Yakama Nation v. Yakima County
9th Cir. · 2020 · confidence medium
This determination is made “by reference to the language itself, the specific context in which that language is used, and the broader context” of the statute or agreement, id. at 341 , which can include whether a proposed interpretation would render certain words “meaningless,” United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir. 1987).
discussed Cited as authority (rule) United States v. Steven Burton
9th Cir. · 2018 · confidence medium
Congress, in 21 U.S.C. § 853 (a)(2), “plainly provided for forfeiture of 3 property even where only a portion of it was used for the prohibited purposes.” United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir. 1987).
discussed Cited as authority (rule) United States v. Peter Lam
9th Cir. · 2013 · confidence medium
Indeed, the district court “has the constitutional responsibility to assure that a forfeiture proceeding ... does not inflict excessive punishment in violation of the eighth amendment.” United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir. 1987).
cited Cited as authority (rule) United States v. Michael David Casey, United States of America v. Michael David Casey
9th Cir. · 2006 · confidence medium
“We must respect this congressional purpose if the statutory language will support such a construction.” United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Casey
9th Cir. · 2006 · confidence medium
“We must respect this congressional purpose if the statutory language will support such a construc- tion.” United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir. 1987). [4] It is also clear that Congress intended criminal forfei- ture provisions to eliminate profit from certain criminal activi- ties, including money laundering, racketeering and drug trafficking.
examined Cited as authority (rule) United States v. Corey Juluke (4×) also: Cited "see"
5th Cir. · 2005 · confidence medium
See United States v. Plescia, 48 F.3d 1452, 1462 (7th Cir.1995) (forfeiture of home proper where home phones used to conduct drug business in furtherance of conspiracy); United States v. Premises known as 3639-2nd St., N.E., Minneapolis, Minn., 869 F.2d 1093, 1095-97 (8th Cir.1989) (forfeiture of home proper where drugs were processed and sold therein); United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987) (forfeiture of farm proper where marijuana cultivated on land).
discussed Cited as authority (rule) United States v. 817 N.E. 29th Drive
11th Cir. · 1999 · signal: cf. · confidence medium
Cf. United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir. 1987) (instructing the district court to determine whether “forfeiture of the entire property on which drugs were cultivated together with other punishments imposed is not so disproportionate to the offense committed as to violate the Constitution” (emphasis added)).
discussed Cited as authority (rule) Nos. 96-4035, 96-4092
11th Cir. · 1999 · signal: cf. · confidence medium
Cf. United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987) (instructing the district court to determine whether "forfeiture of the entire property on which drugs were cultivated together with other punishments imposed is not so disproportionate to the offense committed as to violate the Constitution" (emphasis added)).
discussed Cited as authority (rule) United States v. 817 N.E. 29th Drive
11th Cir. · 1999 · signal: cf. · confidence medium
Cf. United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987) (instructing the district court to determine whether "forfeiture of the entire property on which drugs were cultivated together with other punishments imposed is not *1310 so disproportionate to the offense committed as to violate the Constitution” (emphasis added)).
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Conrado GARCIA-GUIZAR, Defendant-Appellant (2×)
9th Cir. · 1998 · confidence medium
That phrase is essential to our interpretation of § 853(a)(2) as authorizing "the forfeiture of a full parcel of property where only a portion is used for illegal purposes." United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987); cf. United States v. Rutgard, 116 F.3d 1270, 1290-93 (9th Cir.1997) (similarly distinguishing money laundering statutes 18 U.S.C. §§ 1957 and 1956).
discussed Cited as authority (rule) United States v. Dethlefs
D. Me. · 1996 · confidence medium
See United States v. Bieri, 21 F.3d 819, 823 (8th Cir.), cert. denied, — U.S. -, 115 S.Ct. 208 , 130 *479 L.Ed.2d 138 (1994) (Section 853(a)(2)’s provision for the forfeiture of property used in connection with an underlying felony drug offense has been read to authorize the forfeiture of an entire tract, even when only a portion of it was used for prohibited purposes); United, States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Susan D. Bieri and Leonard Bieri, Iii, United States of America v. Leonard Bieri, Iii, United States of America v. Susan D. Bieri (2×)
8th Cir. · 1994 · confidence medium
“By specifying that property is subject to forfeiture if it was used ‘in any manner or part’ to commit or facilitate a drug offense, Congress plainly provided for forfeiture of property even where only a portion of it was used for the prohibited purposes.” United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Harry
N.D. Iowa · 1993 · confidence medium
See United States v. Harris, 903 F.2d 770 (10th Cir.1990); United States v. Feldman, 853 F.2d 648, 663 (9th Cir.1988); United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987); United States v. Busker, 817 F.2d 1409, 1415 (9th Cir.1987); United States v. Robinson, 721 F.Supp. 1541, 1543 (D.R.I.1989).
discussed Cited as authority (rule) United States v. California Publishers Liquidating Corp. (2×) also: Cited "see"
N.D. Tex. · 1991 · confidence medium
See United States v. Horak, 833 F.2d 1235, 1251 (7th Cir.1987) (“We are not insensitive to the concern that vast prosecutorial discretion in combination with potentially enormous forfeiture orders might in some circumstances threaten Eighth Amendment rights.”); United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987) (stating that “criminal forfeiture is a form of punishment and therefore subject to the eighth amendment’s prohibition against disproportionate punishments”); United States v. Busher, 817 F.2d 1409, 1413-14 (9th Cir. 1987) (quoting Solem v. Helm, 463 U.S. 277, 28…
discussed Cited as authority (rule) United States v. California Publishers Liquidating Corp. (2×) also: Cited "see"
N.D. Tex. · 1991 · confidence medium
See United States v. Horak, 833 F.2d 1235, 1251 (7th Cir.1987) ("We are not insensitive to the concern that vast prosecutorial discretion in combination with potentially enormous forfeiture orders might in some circumstances threaten Eighth Amendment rights."); United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987) (stating that "criminal forfeiture is a form of punishment and therefore subject to the eighth amendment's prohibition against disproportionate punishments"); United States v. Busher, 817 F.2d 1409, 1413-14 (9th Cir. 1987) (quoting Solem v. Helm, 463 U.S. 277, 284 , 103 S.…
discussed Cited as authority (rule) United States v. Certain Real Property, Commonly Known as 6250 Ledge Road, Egg Harbor, Wi, and James Gordon, Claimant-Appellant
7th Cir. · 1991 · confidence medium
Such factors include, but are not limited to, "the circumstances surrounding the defendant’s criminal conduct, the harm caused by his conduct, his motive in committing the crime[, ...] the value of the drugs involved, and the nexus between the property used in the criminal activity and the rest of the property." United States v. Vriner, 921 F.2d at 713 , n. 5 (Citing United States v. Busher, 817 F.2d at 1415 , and United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987)). 8 .
discussed Cited as authority (rule) United States v. Sonny Mitchell Center, Gaylon Green Mitchell and Pattie Mitchell, Claimants-Appellants
5th Cir. · 1991 · confidence medium
See United States v. Real Property and Residence at 3907 S. W. 111th Avenue, 921 F.2d 1551 , 1557 (11th Cir.1991); United States v. One 107.9 Acre Parcel of Land, 898 F.2d 396 , 400 (3rd Cir.1990); United States v. A Parcel of Land with a Building Located Thereon at 40 Moon Hill Road, 884 F.2d 41, 44-45 (1st Cir.1989); United States v. Santoro, 866 F.2d 1538, 1543 (4th Cir. 1989); United States v. Tax Lot 1500, 300 Cove Rd., 861 F.2d 232, 235 (9th Cir.1988); United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987).
cited Cited as authority (rule) United States v. Peter S. Vriner
7th Cir. · 1991 · confidence medium
United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987).
cited Cited as authority (rule) United States v. Mark A. Harris
10th Cir. · 1990 · confidence medium
United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Brian Hoyt, AKA Brian Doyle
9th Cir. · 1989 · confidence medium
However, “the rule of lenity is merely a canon of statutory construction and may not be invoked to override a clear congressional directive to the contrary.” United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987); United States v. McDonald, 692 F.2d 376, 379 (5th Cir.1982), cert. denied, 460 U.S. 1073 , 103 S.Ct. 1531 , 75 L.Ed.2d 952 (1983) (“[T]he rule of lenity is to be applied only if, after reviewing all sources of legislative intent, the statute remains truly ambiguous.”).
discussed Cited as authority (rule) United States v. Donald Louis Monroe (2×) also: Cited "see"
11th Cir. · 1989 · confidence medium
Littlefield at 1368 (citations omitted).
cited Cited as authority (rule) United States v. Santoro
4th Cir. · 1989 · signal: cf. · confidence medium
Cf. United States v. Littlefield, 821 F.2d 1365, 1366-67 (9th Cir.1987) (construing 21 U.S.C. § 853 (a)(2) — criminal forfeiture).
cited Cited as authority (rule) United States v. Tax Lot 1500
9th Cir. · 1988 · confidence medium
The government contends that these older cases were implicitly rejected in United States v. Littlefield, 821 F.2d 1365, 1366-68 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Reynolds
4th Cir. · 1988 · signal: cf. · confidence medium
See United States v. Harvey, 814 F.2d 905, 913 (4 Cir.1987) ("Statutory construction properly begins with examination of the literal language of the statute ... and it properly ends there unless the language is ambiguous ... or would, as literally read, contravene a clearly expressed legislative intention....”); cf. United States v. Littlefield, 821 F.2d 1365, 1367 (9 Cir.1987) (reversing district court decision denying forfeiture of over forty acres pursuant to 21 U.S.C. § 853 , an analogous criminal forfeiture provision, but stating that absent the statutory language "in any manner or par…
discussed Cited as authority (rule) United States v. Reynolds
4th Cir. · 1988 · signal: cf. · confidence medium
See United States v. Harvey, 814 F.2d 905, 913 (4 Cir.1987) ("Statutory construction properly begins with examination of the literal language of the statute ... and it properly ends there unless the language is ambiguous ... or would, as literally read, contravene a clearly expressed legislative intention...."); cf. United States v. Littlefield, 821 F.2d 1365, 1367 (9 Cir.1987) (reversing district court decision denying forfeiture of over forty acres pursuant to 21 U.S.C.
cited Cited as authority (rule) United States v. 26.075 Acres, More or Less Located in Swift Creek Township
E.D.N.C. · 1988 · signal: cf. · confidence medium
Cf. United States v. Littlefield, 821 F.2d 1365, 1366-67 (9th Cir.1987) (construing 21 U.S.C. § 853 (a)(2)—criminal forfeiture).
cited Cited "see" Barbara Pacheco, United States of America v. John Serendensky, A/K/A John Vitolano, Joseph Foti & Guy Foti
2d Cir. · 2004 · signal: see · confidence high
See United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987); see also United States v. Smith, 966 F.2d 1045, 1053-54 (6th Cir.1992).
cited Cited "see" United States v. Creighton
9th Cir. · 2002 · signal: see · confidence high
See United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987).
discussed Cited "see" 95 Cal. Daily Op. Serv. 5390, 95 Daily Journal D.A.R. 9185 (2×)
9th Cir. · 1995 · signal: see · confidence high
See United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987); United States v. Busher, 817 F.2d 1409 , 1415 n. 10, 1416 (9th Cir.1987).
discussed Cited "see" United States v. Real Property Located in El Dorado County at 6380 Little Canyon Road (2×)
9th Cir. · 1995 · signal: see · confidence high
See United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987); United States v. Busher, 817 F.2d 1409 , 1415 n. 10, 1416 (9th Cir.1987).
examined Cited "see" United States of America, Cross-Appellant v. Charles L. Smith, Cross-Appellee (4×)
6th Cir. · 1992 · signal: see · confidence high
See United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987) (because section 853(a)(2) requires forfeiture of property used "in any manner or part," all is subject to forfeiture even when only part is used); United States v. Harris, 903 F.2d 770, 777 (10th Cir.1990) (following Littlefield ). 8 26 We must then determine what constitutes Smith's "property" under section 853.
cited Cited "see" United States v. Rivera
11th Cir. · 1989 · signal: see · confidence high
See United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987).
discussed Cited "see" No. 87-4011
9th Cir. · 1988 · signal: accord · confidence high
Accord United States v. About 151.682 Acres of Land, 99 F.2d 716 (7th Cir.1938). 16 The government contends that these older cases were implicitly rejected in United States v. Littlefield, 821 F.2d 1365, 1366-68 (9th Cir.1987).
cited Cited "see" United States v. Haro
E.D. Wis. · 1988 · signal: see · confidence high
See United States v. Littlefield, 821 F.2d 1365, 1368 (1987), (criminal forfeiture is form of punishment subject to Eighth Amendment analysis).
discussed Cited "see" United States v. John Horak, and United States of America v. John Horak (2×) also: Cited "see, e.g."
7th Cir. · 1987 · signal: see · confidence high
See United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987) (forfeiture ordered pursuant to 21 U.S.C. § 853 (a)(2) can implicate Eighth Amendment); United States v. Busker, 817 F.2d 1409, 1413-16 (9th Cir.1987) (remand for forfeiture rehearing in light of Eighth Amendment concerns); United States v. Walsh, 700 F.2d 846, 847 (2d Cir.) (forfeiture reaches all assets of the enterprise except as limited by the Eighth Amendment), cert. denied, 464 U.S. 825 , 104 S.Ct. 96 , 78 L.Ed.2d 102 (1983).
cited Cited "see, e.g." United States v. Warren Eugene Wake
5th Cir. · 1991 · signal: see also · confidence medium
See also United States v. Littlefield, 821 F.2d 1365, 1367 (9th Cir.1987) (“We must respect this congressional purpose if the statutory language will support such a construction.”).
discussed Cited "see, e.g." United States v. Robert Feldman
9th Cir. · 1988 · signal: see also · confidence medium
When a defendant “makes a prima facie showing that the forfeiture may be excessive, the district court must make a determination, based on appropriate findings, that the interest ordered forfeited is not so grossly disproportionate to the offense committed as to violate the eighth amendment.” Id. at 1415 ; see also United States v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.1987) (same requirement for forfeitures under 21 U.S.C. § 853 ).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant,
v.
Roscoe L. LITTLEFIELD, Defendant-Appellee
86-1160.
Court of Appeals for the Ninth Circuit.
Jul 10, 1987.
821 F.2d 1365
1987 U.S. App. LEXIS 8930
Sanford Svetcov, San Francisco, Cal., for plaintiff-appellant., A.J. Kramer, San Francisco, Cal., for defendant-appellee.
Canby, Norris, Kozinski.
Cited by 48 opinions  |  Published
KOZINSKI, Circuit Judge:

On February 28, 1986, defendant Roscoe L. Littlefield was charged with cultivating and possessing with intent to distribute over 700 marijuana plants. [1] In connection with this charge, the government sought forfeiture pursuant to 21 U.S.C. § 853(a) of all of Littlefield’s right, title and interest in the 40-acre parcel of property on which the marijuana was grown. Defendant moved to dismiss the forfeiture allegations on a variety of grounds, including a claim that section 853(a)(2) should be construed to authorize forfeiture of only that portion of the parcel used to cultivate the marijuana. 637 F.Supp. 632, 637 (N.D.Cal.1986). The district court agreed, holding that section 853 authorizes forfeiture of only those portions of defendant’s property actually “ ‘used or intended to be used to commit or facilitate the commission’ of a drug felony.” Id. The court also noted that a broader interpretation of section 853(a)(2) “would run the danger of violating the Eighth Amendment[’s]” prohibition against disproportionate punishments.

The government appeals, contending that section 853 requires forfeiture of the entire parcel of land on which the marijuana was grown, and that such a forfeiture is constitutional.

Discussion

A. Section 853

Section 853 requires forfeiture of “any ... property used, or intended to be used, in any manner or part,” to commit or facilitate a drug offense. 21 U.S.C.[*1367] § 853(a)(2) (Supp. Ill 1985) (emphasis added). Absent the underscored language, the district court’s interpretation would be plausible, for it would be unclear whether Congress intended the forfeiture of a full parcel of property where only a portion is used for illegal purposes. The underscored phrase removes this ambiguity. By specifying that property is subject to forfeiture if it was used “in any manner or part” to commit or facilitate a drug offense, Congress plainly provided for forfeiture of property even where only a portion of it was used for the prohibited purposes. A contrary reading would render meaningless the words “in any manner or part,” something we should avoid if we reasonably can. See Reiter v. Sonotone Corp., 442 U.S. 330, 339, 99 S.Ct. 2326, 2331, 60 L.Ed.2d 931 (1979).

Moreover, the district court failed to adequately consider Congress’ explicit directive that “[t]he provisions of [section 853] shall be liberally construed to effectuate its remedial purposes.” 21 U.S.C. § 853(o) (Supp. Ill 1985). We must respect this congressional purpose if the statutory language will support such a construction. The district court here read the language of section 853 narrowly, applying the rule of lenity. But the rule of lenity is merely a canon of statutory construction and may not be invoked to override a clear congressional directive to the contrary. See United States v. Turkette, 452 U.S. 576, 587-88 n. 10, 101 S.Ct. 2524, 2531 n. 10, 69 L.Ed.2d 246 (1981). Thus, in Russello v. United States, 464 U.S. 16, 27, 104 S.Ct. 296, 302, 78 L.Ed.2d 17 (1983), the Supreme Court construed an identical directive to require a broad construction of EICO’s forfeiture provision, 18 U.S.C. § 1963. We must do the same here.

Littlefield also argues that a narrow reading of section 853 is required because of the similarities and differences in the language used in its civil forfeiture counterpart, 21 U.S.C. § 881(a)(7). This latter section provides for the forfeiture of “[a]ll real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this title____” 21 U.S.C. § 881(a)(7) (Supp. Ill 1985) (emphasis added). Littlefield argues that if the phrase “in any manner or part” — used in both sections — is construed to signify that all of the property is subject to forfeiture, the underscored language in section 881(a)(7) would be rendered superfluous.

While Littlefield’s argument is not without force, it is not dispositive. In enacting the two forfeiture provisions, Congress admittedly did not use language in a wholly consistent fashion. No matter what construction we adopt, some language in one or another of the two sections will appear to be redundant or superfluous. The suggested redundancy in section 881 strikes us as the easiest to understand and accept. Unlike section 853, which deals with all types of property, section 881(a)(7) speaks only of real property. In that context, lawmakers may simply have thrown in the legalistic, phrase “including any right, title, and interest in the whole of any lot of tract,” so commonly used when dealing with real property, in an abundance of caution.

Our conclusion is consistent with the legislature’s stated understanding that the government would be able to accomplish in a criminal forfeiture proceeding under section 853 precisely what it could do through a separate civil forfeiture proceeding under section 881:

Where the issues relating to civil forfeiture are the same as or closely related to those that will arise in the prosecution of a drug offense, it is a waste of valuable judicial and prosecutive resources to require separate civil forfeiture proceedings____
Thus, a more efficient mechanism for achieving the forfeiture of a defendant’s proceeds from his drug trafficking or of other property he has used in the offense is to permit the criminal forfeiture of such property and thereby consolidate the forfeiture action with the criminal[*1368] prosecution. [21 U.S.C. § 853] creates such a mechanism.

S.Rep. No. 225, 98th Cong., 2d Sess. 210, reprinted in 1984 U.S.Code Cong. & Admin.News 3182, 3393. It would frustrate the goals of judicial and prosecutorial efficiency to construe section 853 as covering only a portion of property that section 881 reaches in its entirety.

B. The Eighth Amendment

As we recently noted in United States v. Busher, 817 F.2d 1409 (9th Cir. 1987), criminal forfeiture is a form of punishment and therefore subject to the eighth amendment’s prohibition against disproportionate punishments. Id. at 1413-14. Here, as with RICO’s forfeiture provisions, section 853 makes forfeiture of defendant’s entire property interest mandatory, leaving the district court no discretion to avoid excessively harsh or fortuitous applications. The district court, however, has the constitutional responsibility to assure that a forfeiture proceeding under section 853 does not inflict excessive punishment in violation of the eighth amendment. Id. at 1415.

Before entering an order of forfeiture under section 853, the district court must therefore determine, consistent with Busher, see id. at 1415-16, that forfeiture of the entire property on which drugs were cultivated together with other punishments imposed is not so disproportionate to the offense committed as to violate the Constitution. In making that determination, the court is not limited to the factors specifically mentioned in Busher, but may take into account other relevant considerations, including the value of the illegal drugs cultivated on the property, and the nexus between the portion of the property actually used to grow the marijuana plants and the rest of the land.

Conclusion

We reverse the district court’s judgment regarding forfeiture and remand for further proceedings consistent with this opinion.

1

. Littlefield was also charged with being a felon in possession of firearms. 18 U.S.C. app. § 1202(a)(1) (1982).