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U.S. v. Echevarria

United States District Court, D. Puerto Rico
Jun 25, 2008
Criminal No. 07-448 (JAF) (D.P.R. Jun. 25, 2008)

Opinion

Criminal No. 07-448 (JAF).

June 25, 2008


ORDER


The Motion for Reconsideration of Court Order Denying Motions for Ancillary Hearing, Docket Document No. 82, is DENIED. We ordered forfeiture pursuant to a money judgment, not the forfeiture of specific property. See United States v. Misla-Aldarondo, 478 F.3d 52, 73-4 (1st Cir. 2007) (explaining the difference between a personal money judgment and the forfeiture of specific property). Accordingly, the amount that must be turned over by Defendant is not the actual currency involved in the offense but an amount equivalent to it. Zorrilla and Castillo cannot establish an interest in this money judgment.United States v. Reiner, 393 F. Supp.2d 52, 55 (D.Me. 2005) (quoting the Advisory Committee Notes for Fed.R.Crim.P. 32.2) ("A money judgment is an in personam judgment against the defendant and not an order directed at specific assets in which any third party could have any interest.").

IT IS SO ORDERED.


Summaries of

U.S. v. Echevarria

United States District Court, D. Puerto Rico
Jun 25, 2008
Criminal No. 07-448 (JAF) (D.P.R. Jun. 25, 2008)
Case details for

U.S. v. Echevarria

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. RAMON ZORRILLA ECHEVARRIA…

Court:United States District Court, D. Puerto Rico

Date published: Jun 25, 2008

Citations

Criminal No. 07-448 (JAF) (D.P.R. Jun. 25, 2008)