Opinion · Supreme Court of the United States

Moreno v. United States Drug Enforcement Administration

111 S. Ct. 972

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1991-02-19
Topic
general

holding that, because statutory wording mandatory, court could not excuse failure to file information even though defendant agreed prior to trial that enhanced penalty applied | where § 851(e) bars challenge to prior conviction, failure to comply with warning requirement of § 851(b) does not require remand | ‘We find nothing unconstitutional in Congress’ allocation of the burdens of proof in forfeiture eases.” | service timely because made “prior to the selection of the trial jury” | Detail and specificity of [DEA agent’s] affidavit establishing probable cause, viewed in the light of [claimant’s] express declination to present evidence challenging the Government’s evidence of probable cause, warranted grant of summary judgment in favor of Government

Citator

Cited by
36 opinions

C. A. 2d Cir. Certiorari denied.