United States v. Zorrilla-Echevarria, No. 10-1459 (1st Cir. 2011)
Annotate this CaseAfter customs officials discovered $543,801 concealed in doors defendant was transporting on a ferry between Puerto Rico and the Dominican Republic, he was charged under 31 U.S.C. 5316(a)(1)(A) & (b); 5322(a); and 5332. He was sentenced to 41 months in prison; the court imposed a forfeiture order. A third party filed a petition claiming to be the rightful owner of $343,000. The district court rejected the petition, reasoning that the forfeiture order was in the form of a money judgment. The First Circuit affirmed entry of the money judgment order of forfeiture with respect to defendant, but vacated the portion of the final order that the attached $543,731 in cash be used to satisfy the judgment. The court noted that there was confusion because of the government's actions and that the government did not object to remand and remanded to give the third party an opportunity to challenge the attachment.
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