von Hofe v. United States
United States Court of Appeals for the Second Circuit
492 F.3d 175 (2007)
- Written by Patrick Speice, JD
Facts
Police officers found 65 marijuana plants and paraphernalia for growing and consuming marijuana in the basement of the home owned by Harold and Kathleen von Hofe (defendants). Harold admitted to growing the marijuana, consuming some of the marijuana, sharing some of the marijuana with others, and occasionally trading some of the marijuana with neighbors in exchange for household services over the past year. Kathleen knew that Harold grew marijuana in the home but did not consume any of the marijuana, was not involved in Harold’s marijuana-growing activities, and was not aware that Harold traded some of the marijuana for household services. Harold pled guilty to manufacture of a controlled substance, and Kathleen pled guilty to possession of a controlled substance. The government sought forfeiture of the von Hofe’s home worth $248,000. The von Hofes objected to the government’s forfeiture claim, arguing that the forfeiture of the home violated the Excessive Fines Clause of the Eighth Amendment. The district court ruled against the von Hofes, and the von Hofes appealed.
Rule of Law
Issue
Holding and Reasoning (Wesley, J.)
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