United States v. Mann, No. 17-2060 (8th Cir. 2018)Annotate this Case
After defendant was convicted of bombing a doctor, the United States filed two civil forfeiture actions against weapons seized from defendant during the criminal investigation. On appeal, defendant challenged an order of forfeiture of an unregistered shotgun, and defendant and his wife challenged the forfeiture of 93 National Firearms Act regulated weapons.
The Eighth Circuit declined to overturn either order based on defendant's allegations of fraud and improper limitations on discovery. The court held that the district court did not err in granting forfeiture of the shotgun where defendant's acquittal of illegal possession of the shotgun in his criminal trial did not bar the district court from rejecting his affirmative defense and ordering forfeiture of the shotgun in this civil proceeding. The court also held that the district court had jurisdiction to dispose of 93 weapons seized from defendant as he could not lawfully possess them as a convicted felon. Furthermore, the district court did not err in ordering the proceeds from the sale of the weapons to be given to the victim where defendant's wife could not rely on the law of Arkansas marital property to establish an ownership interest in the 93 weapons and the district court did not err in relying on the Arkansas civil judgment in granting defendant's interest in the proceeds to the victim.