Angel Paz-Alvarez v. United States
Securities Immigration
This petition asks an important question: whether modern criminl- forfeiture statutes can be squared with the Due Process Clause and and whether petitioner can properly considered a third-party under rule 853 (n)(l)-( 2) in his own criminal case .
This Court must settle a clear conflict between the First Circuit Appeals Court and the Fourth Circuit Court of Appeals that "any person, other than a defendant . asserting a legal interest in property which has been ordered forfeited to the United States, may petition the Court for a hearing to adjudicate the validity of his alleged interest in the property " 21 U.S.C. Section 853 (n).
Whether modern criminal forfeiture statutes can be squared with the Due Process Clause and whether petitioner can properly be considered a third-party under rule 853 (n)(1)-(2) in his own criminal case