In an appeal from an order enjoining defendants from encumbering the property listed in the forfeiture count of an indictment, the order is reversed where the district court needed to determine whether defendants were entitled to a pretrial hearing based on: (1) the length of the delay before the defendants received their post-restraint hearing; (2) the reason for the delay; (3) the defendants’ assertion of the right to such a hearing pretrial; and (4) the prejudice the defendants suffered due to the delay weighed against the strength of the United States’ interest in the subject property.
Read US v. Kaley, No. 07-13010
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Filed August 18, 2009
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