ACHARYA

v.

YOUNG ET AL.; FLICK V. UNITED STATES

Citator

Cited By (13 total)

• United States v. $38, 816 F.2d 1538 (11th Cir. 1987)
  …; cf. Alyeska Pipeline Serv. Co. v. Bay Ridge, 509 F.Supp. 1115, 1120-23 (D.Alaska 1981) (warrant provisions of Supplemental Rule C unconstitutional as applied to this admiralty case), appeal dismissed, 703 F. 2d 381 (9th Cir.1983), cert. dismissed, 467 U.S. 1247, 104 S.Ct. 3526, 82 L.Ed.2d 852 (1984). Other courts have upheld the use of these rules only by reading into the rules probable cause and "exigent circumstances” requirements that are not explicitly stated in them. See United States v. Pappas, 613…
• Sellers v. Delgado Cmty. Coll. & State of La., 839 F.2d 1132 (5th Cir. 1988)
  ….2d 824 (1984); Whiting v. Jackson State University, 616 F. 2d 116, 127 n. 8 (5th Cir.1980); Pettway v. American Cast Iron Pipe Co., 494 F. 2d 211, 263 (5th Cir.1974), cert. denied, 467 U.S. 1243, 104 S.Ct. 3515, 82 L.Ed.2d 824 (1984), cert. dism’d, 467 U.S. 1247, 104 S.Ct. 3526, 82 L.Ed.2d 833 (1984). In fact, this Court stated in Pettway that interest is an item that should be included in back pay. Pettway, 494 F. 2d at 263. In the instant case, the magistrate denied prejudgment interest on the back pay a…
• United States v. $38, 950 F.2d 1108 (5th Cir. 1992)
  …f the court is derived entirely from its control over the defendant res. Id. Jurisdiction over the res is obtained by arrest under process of the court. Alyeska Pipeline Serv. Co. v. Vessel Bay Ridge, 703 F. 2d 381, 384 (9th Cir.1983), cert. dism’d, 467 U.S. 1247, 104 S.Ct. 3526, 82 L.Ed.2d 852 (1984). No in rem suit can be maintained without a valid arrest of the res by the marshal. The United Slates commences a judicial forfeiture by filing a verified complaint in the district where seizure occurred. S.R.…