United States v. Ileana Cabeza, 258 F.3d 1256 (11th Cir. 2001). · Go Syfert
United States v. Ileana Cabeza, 258 F.3d 1256 (11th Cir. 2001). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 15 distinct courts.
Strongest positive: State v. Key (idahoctapp, 2010-06-10)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Key
Idaho Ct. App. · 2010 · confidence medium
See also United States v. Leahy, 438 F.3d 328, 332 (3d Cir.2006) (holding that Libretti “flatly holds that the Sixth Amendment is not implicated in the forfeiture context” and that the circuit court is “not free to ignore the Supreme Court’s holding in Libretti ” nor do they “possess the authority to declare that the Supreme Court has implicitly overruled one of its own decisions”); United States v. Fruchter, 411 F.3d 377, 383 (2d Cir.2005) (holding that neither Apprendi, Blakely or United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), altered Libretti�…
discussed Cited as authority (rule) United States v. Joyce C. \Joy\" Hall"
6th Cir. · 2005 · confidence medium
See United States v. Keene, 341 F.3d 78, 86 (1st Cir.2003); United States v. Gasanova, 332 F.3d 297, 301 (5th Cir.2003); United States v. Shryock, 342 F.3d 948, 991 (9th Cir.2003); United States v. Najjar, 300 F.3d 466, 485-86 (4th Cir.2002); United States v. Vera, 278 F.3d 672, 673 (7th Cir.2002); United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir.2001) (per curiam).
discussed Cited as authority (rule) United States v. Hall
6th Cir. · 2005 · confidence medium
See United States v. Keene, 341 F.3d 78, 86 (1st Cir. 2003); United States v. Gasanova, 332 F.3d 297, 301 (5th Cir. 2003); United States v. Shyrock, 342 F.3d 948 , 991 (9th Cir. 2003); United States v. Najjar, 300 F.3d 466 , 485–86 (4th Cir. 2002); United States v. Vera, 278 F.3d 672, 673 (7th Cir. 2002); United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir. 2001) (per curiam).
discussed Cited as authority (rule) United States v. Hall
6th Cir. · 2005 · confidence medium
See United States v. Keene, 341 F.3d 78, 86 (1st Cir. 2003); United States v. Gasanova, 332 F.3d 297, 301 (5th Cir. 2003); United States v. Shyrock, 342 F.3d 948 , 991 (9th Cir. 2003); United States v. Najjar, 300 F.3d 466 , 485–86 (4th Cir. 2002); United States v. Vera, 278 F.3d 672, 673 (7th Cir. 2002); United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir. 2001) (per curiam).
discussed Cited as authority (rule) United States v. Upton
D. Mass. · 2005 · confidence medium
See, e.g., United States v. Keene, 341 F.3d 78, 85-86 (1st Cir.2003) (noting in the context of § 853 that “other circuits have consistently refused to apply Apprendi requirements to criminal forfeitures,” and that “[t]he forfeiture is not viewed as a separate charge, but as an aspect of punishment imposed following conviction of a substantive offense”) (internal quotation marks omitted); United States v. Shryock, 342 F.3d 948, 991 (9th Cir.2003)(rejecting challenge under Apprendi to use of preponderance standard for forfeiture finding); United States v. Gasanova, 332 F.3d 297, 300-01 …
discussed Cited as authority (rule) United States v. Shryock
9th Cir. · 2003 · confidence medium
United States v. Najjar, 300 F.3d 466, 485-86 (4th Cir.2002); United States v. Gasanova, 332 F.3d 297, 301 (5th Cir.2003); United States v. Corrado, 227 F.3d 543, 550-51 (6th Cir.2000); United States v. Vera, 278 F.3d 672, 672 (7th Cir.2002); United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Raymond Shryock, A/K/A Huero Shy, United States of America v. Jesse Moreno, United States of America v. Ruben Hernandez, A/K/A Tupi, United States of America v. Alex Aguirre, Aka, Pee Wee, AKA Howard, United States of America v. Juan Arias, United States of America v. Randy Therrien, A/K/A Cowboy, United States of America v. Ruben Castro, AKA Nite Owl, United States of America v. Daniel Barela, United States of America v. David Gallardo, United States of America v. Raymond Mendez, AKA Champ, United States of America v. Joe Hernandez, AKA Shakey Joe
9th Cir. · 2003 · confidence medium
United States v. Najjar, 300 F.3d 466 , 485-86 (4th Cir.2002); United States v. Gasanova, 332 F.3d 297 , 301 (5th Cir.2003); United States v. Corrado, 227 F.3d 543, 550-51 (6th Cir. 2000); United States v. Vera, 278 F.3d 672, 672 (7th Cir.2002); United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir.2001).
cited Cited as authority (rule) United States v. Keene
1st Cir. · 2003 · confidence medium
United States v. Vera, 278 F.3d 672, 673 (7th Cir.2002); United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir.2001) (per curiam); United States v. Corrado, 227 F.3d 543, 550-51 (6th Cir.2000).
discussed Cited as authority (rule) United States v. John Robert Hasson, A.K.A. Heloneti Galera, A.K.A. Jack Hasson
11th Cir. · 2003 · confidence medium
United States v. Cabeza, 258 F.3d 1256, 1257-58 (11th Cir.2001) (rejecting a challenge to criminal forfeiture under the drug statutes based on Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000)).
discussed Cited as authority (rule) United States v. John Robert Hasson, a.k.a. Heloneti Glaera, a.k.a. Jack Hasson
11th Cir. · 2003 · confidence medium
United States v. Cabeza, 258 F.3d 1256, 1257-58 (11th Cir. 2001) (rejecting a challenge to criminal forfeiture under the drug statutes based on Apprendi v. New Jersey, 530 U .S. 466 , 120 S .Ct. 234 8 (200 0)).
discussed Cited as authority (rule) United States v. Gasanova
5th Cir. · 2003 · confidence medium
See United States v. Najjar, 300 F.3d 466, 485-86 (4th Cir.2002); United States v. Vera, 278 F.3d 672, 672-73 (7th Cir.2002); United States v. Cabeza, 258 F.3d 1256, 1257-58 (11th Cir.2001); United States v. Corrado, 227 F.3d 543, 550-51 (6th Cir.2000).
discussed Cited as authority (rule) United States v. Criniti
3rd Cir. · 2002 · confidence medium
See United States v. Vera, 278 F.3d 672, 673 (7th Cir.2002) (“[djetermining the forfeitable proceeds of an offense does not come within Apprendi’s rule, because there is no ‘prescribed statutory maximum’ and no risk that the defendant has been convicted de facto of a more serious offense”), cert. denied — U.S. -, 122 S.Ct. 2372 , 153 L.Ed.2d 191 (2002); United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir.2001) (stating that “[bjecause forfeiture is a punishment and not an element of the offense, it does not fall within the reach of Apprendi”); United States v. Corrado, 227 F…
discussed Cited "see" United States v. Tardon
S.D. Fla. · 2014 · signal: see · confidence high
See United States v. Cabeza, 258 F.3d 1256, 1257-58 (11th Cir.2001) (“Because Apprendi does not apply to forfeiture proceedings, our earlier decisions on the burden of proof in such proceedings remain good law: the burden of proof on a forfeiture count is a preponderance of the evidence.”) (citing United States v. Dieter, 198 F.3d 1284 , 1289 (11th Cir.1999)).
cited Cited "see" United States v. Seher
N.D. Ga. · 2007 · signal: see · confidence high
See United States v. Cabeza, 258 F.3d 1256, 1257-58 (11th Cir.2001); United States v. Dicter, 198 F.3d 1284 , 1289 (11th Cir.1999).
cited Cited "see" United States v. Powell
4th Cir. · 2002 · signal: see · confidence high
See United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir.2001); United States v. Corrado, 227 F.3d 543, 550 (6th Cir.2000).
cited Cited "see" United States v. David Vera
7th Cir. · 2002 · signal: see · confidence high
See United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir.2001); United States v. Corrado, 227 F.3d 543, 550-51 (6th Cir.2000).
cited Cited "see" United States v. Vera, David
7th Cir. · 2002 · signal: see · confidence high
See United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir. 2001); United States v. Corrado, 227 F.3d 543, 550-51 (6th Cir. 2000).
cited Cited "see" United States v. Davis
E.D. Va. · 2001 · signal: see · confidence high
See United States v. Cabeza, 258 F.3d 1256 (11th Cir.2001) (rejecting the application of Apprendi to forfeiture proceedings); United States v. Corvado, 227 F.3d 543 (6th Cir.2000) (same).
discussed Cited "see, e.g." United States v. Fruchter
2d Cir. · 2005 · signal: see also · confidence medium
As discussed above, this appeal does not require us to resolve either (1) whether Booker and Blakely are supervening decisions in this context, or (2) if they are, whether the modified plain error rule continues to apply. 5 Numerous circuit court opinions issued after Apprendi, but before Blakely and Booker, have held that Apprendi is inapplicable to criminal forfeiture proceedings because forfeiture is an aspect of "sentencing" rather than a "separate charge." United States v. Keene, 341 F.3d 78, 85-86 (1st Cir.2003); see also United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir.2001) (per …
discussed Cited "see, e.g." United States v. Fruchter
2d Cir. · 2005 · signal: see also · confidence medium
Numerous circuit court opinions issued after Apprendi , but before Blakely and Booker , have held that Apprendi is inapplicable to criminal forfeiture proceedings because forfeiture is an aspect of "sentencing” rather than a "separate charge.” United States v. Keene, 341 F.3d 78, 85-86 (1st Cir.2003); see also United States v. Cabeza, 258 F.3d 1256, 1257 (11th Cir.2001) (per curiam) ("Because forfeiture is a punishment and not an element of the offense, it does not fall within the reach of Apprendi.”); United States v. Corrado, 227 F.3d 543, 550 (6th Cir.2000) (same); cf. United States v…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Ileana CABEZA, Defendant-Appellant
00-14583.
Court of Appeals for the Eleventh Circuit.
Jul 25, 2001.
258 F.3d 1256
2001 WL 835800
David R. Rothman, Jeanne T. Melendez, Thornton & Rothman, P.A., Miami, FL, for Defendant-Appellant., Stephen Schlessinger, Anne R. Schultz, Jeanne Mullenhoff, Miami, FL, for Plaintiff-Appellee.
Edmondson, Dubina, Politz.
Cited by 21 opinions  |  Published
Pinpoint authority: bottom 56%
PER CURIAM:

Defendants Ileana Cabeza and Antonio Acuay appeal their convictions and resulting sentences. We affirm.

Defendants were indicted with conspiracy to possess with intent to distribute cocaine (Count One) and with possession with intent to distribute cocaine (Count Two). The indictment sought criminal forfeiture of Cabeza’s real property. The indictment alleged that the property constituted proceeds obtained as a result of the charged violations and that the property was intended to be used to commit or to facilitate the commission of the charged violations.

A trial was conducted on the charges, and the jury returned verdicts finding Acuay guilty of both counts and finding Cabeza guilty of Count One. The jury then returned a verdict of forfeiture against Cabeza’s real property. Cabeza was sentenced to 51 months of incarceration, four years of supervised release and a $100 special assessment. Acuay was sentenced to 360 months incarceration and to eight years of supervised release.

We will only write about Cabeza’s argument that she was entitled to have the jury find beyond a reasonable doubt that her house was used to facilitate the conspiracy of which she was convicted. [1] She argues that the district court erred in instructing the jury to apply the preponderance of evidence standard of proof to the forfeiture proceeding, in the light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

The Supreme Court has said that forfeiture is not a separate offense, but is instead “an aspect of punishment imposed following conviction of a substantive criminal offense.” Libretti v. United States, 516 U.S. 29, 116 S.Ct. 356, 363, 133 L.Ed.2d 271 (1995); see also United States v. Sandini, 816 F.2d 869, 875 (3rd Cir. 1987)(“The argument that forfeiture is an element which must be proved beyond a reasonable doubt confuses culpability with consequences.”).

Because forfeiture is a punishment and not an element of the offense, it does not fall within the reach of Apprendi. The other circuits that have considered this issue have reached the same conclusion. See United States v. Corrado, 227 F.3d 543, 550-51 (6th Cir2000)(Apprendi does not apply to forfeiture proceeding); United States v. Powell, 243 F.3d 543 (4th Cir.2001) (Table) (Apprendi does not require jury in forfeiture proceeding to make factual determinations beyond reasonable doubt).

Because Apprendi does not apply to forfeiture proceedings, our earlier decisions on the burden of proof in such pro[*1258] ceedings remain good law: the burden of proof on a forfeiture count is a preponderance of the evidence. See United States v. Dieter, 198 F.3d 1284, 1289 (11th Cir.1999). The district court did not err.

AFFIRMED.

1

. Defendants raise other issues in this appeal: (1) insufficiency of the evidence, (2) Sixth and Eighth Amendment violations, (3) witness sequestration error, (4) evidentiary and sentencing errors, (5) jury deliberations error, and (6) error in the district court's order surrendering Defendant for deportation proceedings. We have considered these issues and conclude that none of them require overriding the district court’s decisions.