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Tag Archives: Drug Trafficking

Criminal Practice – Drug Trafficking – Evidence – Civil Forfeiture – Conspiracy – Financial Assistance – Other Drug Sales (access required)

State v. McEachern Defendant gave lengthy testimony concerning where all the money found in her handbag came from in order to rebut any inference that the money was connected to the drugs seized from her handbag and her vehicle. Defendant also said that none of the money was drug money. Thus, defendant opened the door to the admission of evidence that she had agreed to forfeit the money in question.

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Criminal Practice – Forfeiture — $400,000 in Currency – Drug-Trafficking – Time Deadline (access required)

U.S. v. Martin Four defendants convicted as part of a drug-trafficking operation lose their appellate challenge to the belated forfeiture of their property under 18 U.S.C. § 983, including over $400,000 in currency from several accounts, a Mercedes automobile and several million dollars in drug proceeds, as the 4th Circuit holds the time deadline for forfeiture under Rule 32.2 is not a jurisdictional condition.

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Criminal Practice – Sentencing – Drug Trafficking – Enhancement – Prior State Conviction – Marijuana Possession (access required)

U.S. v. Simmons The en banc 4th Circuit vacates a North Carolina defendant’s federal drug trafficking sentence that was enhanced because of a prior state conviction for marijuana possession, in light of a U.S. Supreme Court decision from last year that casts doubt on the practice of treating minor state crimes as serious felonies.

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