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U.S. v. ONE LOT OF U.S. CURRENCY ($36,634)

No. 96-1753.

103 F.3d 1048 (1997)

UNITED STATES of America, Plaintiff, Appellant, v. ONE LOT OF U.S. CURRENCY ($36,634), Defendant, Appellee, Salvatore L. Mele, Jr., Claimant.

United States Court of Appeals, First Circuit.

Decided January 8, 1997.

Attorney(s) appearing for the Case

Richard L. Hoffman, Assistant United States Attorney, with whom Donald Stern, United States Attorney, Boston, MA, was on brief, for plaintiff-appellant.

Terri Klug Cafazzo, Reading, MA, for claimant.

Before CYR, BOUDIN, and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

The United States appeals from the entry of summary judgment against it in its action to forfeit one lot of currency totalling $36,634. The currency was seized from Salvatore Mele, Jr. at Logan Airport in Boston. The district court held that while there was adequate reason to believe that the money was connected to some unlawful activity, there was insufficient evidence that the unlawful activity involved drugs. Accordingly, the court held that...

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