United States v. Escobar-de-Jesus, 1st Cir. (1997)
United States v. Escobar-de-Jesus, 1st Cir. (1997)
No. 97-1220
Plaintiff, Appellee,
v.
Defendants.
______________________
EUSEBIO ESCOBAR-DE-JESUS,
Intervenor, Appellant.
____________________
Before
United
States
Attorney,
Miguel A. Fernand
___________________
Assistant
United States
Attorney, Chief,
Civil
Division, and
appellees.
____________________
on brief
J
_
Per Curiam.
__________
We have reviewed
of
the district
court, for
by
in district
its
We add only
the
following.
We
do not
to
the real
property forfeited
Escobar conspired
to import
the eighth
amendment applies
and the
value
and/or possess
of the
of
cocaine
with intent
to
distribute.
Escobar
issue a writ
court
did
court erred in
not
substantially
discuss
whether
F.3d
205, 208
not adequately
(5th Cir.
explain how
In
and conclude
even
if
the
evidence
that
since
overwhelming.
Escobar's
harmless,
to allow him
presence
v. Whitley, 93
___________
Escobar did
In its Opinion
failing to
1996).
would
Latiolais
_________
Even so,
his presence
would
error
was
committed,
against
Escobar
it
was
was
We
follows.
1)
Federal Rule of
forfeiture
rejected.
findings
evidence.
conclude as
prosecutions with
2)
of
fact, as
3)
the
Escobar's
findings were
supported
by the
of this
action
violated principles
estoppel,
and
that
lienholders violated
appeal.
4)
His
the
due
of res
judicata and
settlements
with
process, were
not
allegations
that the
improperly
with regard
missing is
position with
to additional
regard to
the district
Affirmed.
_________
third
party
preserved
government
property
5)
collateral
for
acted
he says
is
While we take no
court's reasoning
in
-3-