DrugPolicyCases.com | |||
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Authors ›› Thomas
...[L]ike the majority, I am disturbed by the breadth of new civil forfeiture statutes such as 21 U. S. C. § 881(a)(7), which subjects to forfeiture all real property that is used, or intended to be used, in the commission, or even the facilitation, of a federal drug offense.
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In my view, seizure of the property without more formalized notice and an opportunity to be heard is simply one of the many unpleasant collateral consequences that follows from conviction of a serious drug offense.
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..[H]ere the Court holds that sentencing courts are free to reject the Sentencing Guidelines' 100-to-1 crack-to-powder ratio. These outcomes may be perfectly reasonable as a matter of policy, but they have no basis in law.
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