United States Tenth Circuit

In a matter involving the propriety of two notices of lis pendens filed under New Mexico state law by the United States on substitute property potentially subject to criminal forfeiture, denial of defendant's motion to release funds is reversed as the use by the U.S. of the New Mexico lis pendens statute was improper.

Appellate Information

• Decided 08/28/2007
• Published 08/29/2007

Judges

• MURPHY, Circuit Judge., Before BRISCOE, HOLLOWAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jody Neal-Post, Albuquerque, NM, for Defendant-Appellant., Stephen R. Kotz, Assistant United States Attorney (Larry Gomez, Acting United States Attorney, James R.W. Braun, Assistant United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.