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United States v. One 1998 Tractor

United States District Court for the Western District of Virginia

288 F. Supp. 2d 710 (W.D. Va. 2003)

Facts

Karapet Shimshiryan was a truck driver. Shimshiryan had previously pleaded guilty to transporting contraband cigarettes in violation of 49 U.S.C. § 80303. Shimshiryan had used the cab of his tractor to store 23 half cases of cigarettes, which he transported across state lines without the legally required tax stamps. The cigarettes were not stored in the trailer, only the cab of the tractor. As a result, the government (plaintiff) instituted an in rem civil-forfeiture proceeding against Shimshiryan’s tractor-trailer (defendant) pursuant to the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), 18 U.S.C.A. § 983. The government insisted that both the tractor and the trailer should be subject to forfeiture. Shimshiryan made a claim against forfeiture of his trailer during the in rem civil-forfeiture proceeding in district court.

Rule of Law

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Issue

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Holding and Reasoning (Jones, J.)

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