Read US v. Timley, 07-1627

In a case involving the forfeiture of $130,097 in drug-conspiracy-related currency under 21 U.S.C. section 853, a denial of claimant-attorney's second third-party petition for the currency and the district court's final order of forfeiture are affirmed where: 1) although claimant had a valid third-party interest in the currency sufficient to confer standing to obtain an ancillary hearing; nevertheless, 2) claimant cannot satisfy either ground required to prevail at such hearing and a remand would be futile.

Appellate Information

• Decided 11/15/2007
• Published 11/15/2007

Judges

• BEAM, Circuit Judge., Before COLLOTON, BEAM, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Patrick W. Peters, Kansas City, MO, argued, pro se.


• For Appellees:
  
• W. Brent Powell, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.