No. 19-7836

Tajuddin Salahuddin v. United States

Lower Court: Fifth Circuit
Docketed: 2020-03-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights criminal-forfeiture criminal-procedure due-process federal-statute property property-rights property-seizure restitution restitution-lien seizure third-party third-party-rights
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-04-03
Question Presented (AI Summary)

When the United States of America seizes innocent third-party property and cash; applies 21 U.S.C 853 to forfeit the property but applies a separate restitution type lien under 18 U.S.C 3613(c) to cash to prevent any intervention by a third party, what equivalent procedure and opportunity does the innocent third-party have to contest its cash being applied to a criminal defendant's restitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1) When the United States of America seizes innocent third-party property and cash; applies 21 U.S.C 853 to forfeit the property but applies a separate restitution type lien under 18 U.S.C 3613(c) to cash to prevent any intervention by a third party, what equivalent procedure and opportunity does the innocent third-party have to contest its cash being applied to a criminal defendant's restitution? 1) Whether Petitioner’s loan agreement establishes his security interest and priority over United States restitution lien on cash seized from a criminal Defendant under Texas law? ii

Docket Entries

2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-16
Waiver of right of respondent United States to respond filed.
2019-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2020)

Attorneys

Tajuddin Salahuddin
Tajuddin Salahuddin — Petitioner
Tajuddin Salahuddin — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent