Monday, April 30, 2007

Due Process Clause in notifying plaintiff of the administrative forfeiture of $13,000 seized from him upon his arrest for serious drug crimes is rever

Taylor v. US, No. 06-60275
A determination that the government satisfied the Due Process Clause in notifying plaintiff of the administrative forfeiture of $13,000 seized from him upon his arrest for serious drug crimes is reversed and remanded where, on the record, the government failed to meet its burden to show that its notice was "reasonably calculated, under all the circumstances, to apprise" him of the forfeiture.

Wednesday, April 25, 2007

unlawful possession of a firearm vacated

US v. Jones, No. 06-30535, 06-30563
A conviction for unlawful possession of a firearm by a convicted felon is vacated where the district court abused its discretion in allowing the government to introduce evidence of defendant's prior firearm offense. Although the revocation sentence was not plainly erroneous it is remanded for reconsideration in light of the vacatur of the conviction