U.S. Court of Appeals for the Fifth Circuit, 1971

United States v. One Philco Television, Model L3804be

United States v. One Philco Television, Model L3804be
U.S. Court of Appeals for the Fifth Circuit · Decided May 18, 1971 · Bell, Thornberry, Choate
443 F.2d 369; 1971 U.S. App. LEXIS 10133 (Federal Reporter, Second Series)

United States v. One Philco Television, Model L3804be

Opinion

PER CURIAM:

The question presented by this appeal is whether a statutory forfeiture proceeding brought pursuant to 26 U.S.C.A. § 7302 is constitutionally permissible after Marehetti v. United States, 1968, 390 *370 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889, and Grosso v. United States, 1968, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906. The Supreme Court answered this question negatively in United States v. United States Coin and Currency, 1971, 401 U.S. 715, 91 S.Ct. 1041, 28 L.Ed.2d 434, (opinion announced April 5, 1971). Accordingly, the judgment of the district court, 292 F.Supp. 35, is affirmed.

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