petition for rehearing denied with respect to ruling that “an owner of real property used in narcotics transactions may escape ... civil forfeiture [of her interest] under 21 U.S.C. § 881(a)(7), by establishing either her lack of knowledge or her lack of consent to the property’s illicit use;” in dissent, Green-berg noted problems that might arise from the interplay of state property law and federal forfeiture law in determining an owner’s interest in property
How later courts described this case
- petition for rehearing denied with respect to ruling that “an owner of real property used in narcotics transactions may escape ... civil forfeiture [of her interest] under 21 U.S.C. § 881(a)(7), by establishing either her lack of knowledge or her lack of consent to the property’s illicit use;” in dissent, Green-berg noted problems that might arise from the interplay of state property law and federal forfeiture law in determining an owner’s interest in property
- a forfeiture proceeding must meet minimum due process standards; forfeiture not permitted if illegal use of property occurs without knowledge or consent of innocent spouse who owns property by en-tireties with party convicted of illegal use of property
- unambiguous language presumed to express legislative purpose and resort to legislative history not necessary
- sur petition for rehearing
Written by the judges who cited it.
The opinion
SUR PETITION FOR REHEARING
Before: GIBBONS, Chief Judge, and HIGGINBOTHAM, SLOVITER, *660 BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD and SEITZ, * Circuit Judges.
MANSMANN, Circuit Judge.
The petition for rehearing filed by appel-lee in the above entitled ease having been submitted to the judges who participated in the decision of this court and to all other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied. Judges Becker, Hutchinson, Greenberg, and Nygaard would have granted rehearing.