United States First Circuit

The spouse of a convicted drug dealer, who used family home for narcotics, can assert the "innocent owner" defense under 21 USC 881(a)(7) and defeat government forfeiture proceedings if she had a partial interest in the home before learning about the spouse's illegal activities.

Appellate Information

• Decided 02/06/2001
• Published 02/06/2001

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Brian M. McMahon for claimant-appellant.


• For Appellees:
  
• Jennifer Hay Zacks, Assistant United States Attorney, with whom James B. Farmer, United States Attorney, and Suzanne E. Durrell, Nancy Rue, and Shelbey Wright, Assistant United States Attorneys, were on brief, for appellee.