U.S. v. UNDETERMINED AMOUNT OF U.S. CURRENCY

No. 03-1977.

376 F.3d 260 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. UNDETERMINED AMOUNT OF U.S. CURRENCY and Funds in the Following Accounts: First Union National Bank, Account number 2000000885359, held in the name of or on behalf of Mountain Top Farms, LLC; First Union National Bank, Account number 2075293094034, held in the name of or on behalf of R & V Warren Farms, Inc.; First Union National Bank, Account number 2000001217308, held in the name of or on behalf of R & V Warren Farms, Inc.; First Union National Bank, Account number 400189966, held in the name of or on behalf of R & V Warren Farms, Inc.; First Union National Bank, Account number 69502288, held in the name of or on behalf of R & V Warren Farms, Inc.; First Union National Bank, Account number 2000000578022, held in the name of or on behalf of Warren and Sandoval Farms, LLC; First Citizens Bank & Trust Company, Account number 001212748290, held in the name of or on behalf of PVR Produce, Inc.; First Citizens Bank & Trust Company, Account Number 001212759803, held in the name of or on behalf of R & V Warren Farms, Inc., Cattle Division; First Citizens Bank & Trust Company, Account number 001212760097, held in the name of or on behalf of R & V Warren Trucking Co., Inc.; Central Carolina Bank And Trust Company, as successor in interest to First Union National Bank account number 2000000885359, held in the name of or on behalf of Mountain Top Farms, LLC; Central Carolina Bank And Trust Company, as successor in interest to First Union National Bank account number 2000000578022, held in the name of or on behalf of Warren and Sandoval Farms, LLC; The Hartford Financial Services Group, Incorporated, annuity policy number 710473987 (associated with First Union National Bank account number 69502288), Defendants-Appellees, and Robert Warren; Viki Warren; Central Carolina Bank And Trust Company; First Citizens Bank & Trust Company, Claimants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 21, 2004.


Attorney(s) appearing for the Case

ARGUED: Thomas Richard Ascik, Assistant United States Attorney, Office of the United States Attorney, Asheville, North Carolina, for Appellant. John Keating Wiles, Cheshire, Parker, Schneider, Bryan & Vitale, Raleigh, North Carolina, for Appellees.

ON BRIEF: Robert J. Conrad, Jr., United States Attorney, Asheville, North Carolina, for Appellant. Sean P. Devereux, Asheville, North Carolina, for Appellee Robert Warren.

Before MOTZ and KING, Circuit Judges, and HANSEN, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.


Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Senior Judge HANSEN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this civil forfeiture case, the Government appeals an order directing that it release to the original owners property seized pursuant to a properly obtained warrant. Because the district court clearly erred in holding that the original...

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