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United States v. 817 N.E. 29th Drive, Wilton Manors, Florida

175 F.3d 1304 (1999)

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United States v. 817 N.E. 29th Drive, Wilton Manors, Florida

United States Court of Appeals for the Eleventh Circuit
175 F.3d 1304 (1999)

SR

Facts

Charles Howerin was convicted of selling cocaine at his home in Wilton Manors (defendant). The United States (plaintiff) subsequently brought an in rem action against the house, seeking forfeiture pursuant to 21 U.S.C. § 881(a)(7). Howerin filed a claim of ownership. The United States filed a motion for summary judgment, which the district court granted as to Lot 56 of the property. The district court denied the motion as to Lot 1, the front yard of Howerin’s home, finding that there was an insufficient connection between Lot 1 and Howerin’s criminal activity. After trial, the district court ruled that Lot 1 was not subject to forfeiture. Both Howerin and the United States appealed.

Rule of Law

Issue

Holding and Reasoning (Tjoflat, J.)

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