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DEGEN v. UNITED STATES

No. 95-173.

517 U.S. 820 (1996)

116 S.Ct. 1777

135 L.Ed.2d 102

DEGEN v. UNITED STATES

Supreme Court of United States.

Decided June 10, 1996.

Attorney(s) appearing for the Case

Lawrence S. Robbins argued the cause for petitioner. With him on the briefs were Andrew L. Frey, Alan E. Untereiner, and Daniel W. Stewart.

Miguel A. Estrada argued the cause for the United States. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.*

Kennedy, J., delivered the opinion for a unanimous Court.

Justice Kennedy, delivered the opinion of the Court.

In this case we consider whether a United States District Court may strike the filings of a claimant in a forfeiture suit and grant summary judgment against him for failing to appear in a related criminal prosecution. The Court of Appeals for the Ninth Circuit held this to be a proper exercise of the District Court's inherent authority. We reverse.

A federal grand jury in Nevada indicted Brian Degen for...

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