United States First Circuit

A forfeiture order for $3,068,000 for conspiracy to possess with intent to distribute 100 kilograms or more of marijuana, is vacated and remanded where: 1) 21 U.S.C. section 853 authorizes money judgments; 2) the case is remanded to give district court the opportunity to consider whether and to what extent the ruling in the recent Supreme Court case, US v. Santos, 128 S. Ct. 2020 (2008), affects the forfeiture determination in this case; and 3) the case is remanded for lower court to consider whether the imposition of the forfeiture violated the Excessive Fines Clause of the Eighth Amendment in light of recent pertinent case law.

Appellate Information

• Decided 10/30/2008
• Published 10/30/2008

Judges

Court

• United States First Circuit

Counsel