In Re Us Currency, $844,520.00, Dennis Cole v. United States
This text of 136 F.3d 581 (In Re Us Currency, $844,520.00, Dennis Cole v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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Dennis Cole appeals district court orders denying his motion for return of property pursuant to Federal Rule of Criminal Procedure 41(e). Cole seeks to recover $844,520 that was administratively forfeited by the Drug Enforcement Administration (DEA) in June 1994. See 19 U.S.C. §§ 1607(a)(4), 1609; 21 U.S.C. § 881(a)(6). The money was seized after Cole was stopped for speeding on an interstate highway in western Missouri. Although Cole received timely notice of the DEA forfeiture action, he did not contest the forfeiture by filing a claim and bond, as 19 U.S.C. § 1608 requires. In these eircumstances, the district court properly rejected Cole’s attempt to collaterally attack the administrative forfeiture. See Muhammed v. Drug Enforcement Agency, 92 F.3d 648, 651-52 (8th Cir.1996). Accordingly, we affirm.
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136 F.3d 581, 1998 U.S. App. LEXIS 2658, 1998 WL 65473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-us-currency-84452000-dennis-cole-v-united-states-ca8-1998.