United States v. Zorrilla-Echevarria, No. 12-1261 (1st Cir. 2013)
Annotate this CaseAppellant attempted to smuggle approximately $543,000 from Puerto Rico to the Dominican Republic. United States Customs and Border Patrol agents arrested Appellant and seized the cash, and Appellant was convicted after a jury trial of bulk cash smuggling and failure to report the export of currency. The cash used by Appellant was forfeitable to the United States as property used to commit a violation of the bulk smuggling and failure to report statutes. Instead of entering an order as part of Appellant's sentence specifying the forfeiture of the cash to the United States and authorizing the attorney general to seize the cash, the district court instead entered a series of orders and amendments resulting in the entry of a personal judgment against Appellant in the amount of the cash. Appellant and a third party, who claimed the cash belonged to him, both appealed. The First Circuit Court of Appeals (1) remanded the third party's case, after which the district court found the third party had no cognizable interest in the cash; and (2) affirmed the judgment against Appellant, finding that the United States may retain the nexus property in satisfaction of the money judgment entered against Appellant.
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