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Criminal Law Keyed to LaFave
Austin v. United States
Citation:
509 U.S. 602 (1993)Facts
Richard Lyle Austin was indicted on four counts of violating South Dakota’s drug laws. He pleaded guilty to one count of possessing cocaine with intent to distribute and received a seven-year state prison sentence. Following his conviction, the United States filed an in rem civil forfeiture action against Austin’s mobile home and auto body shop under 21 U.S.C. § 881(a)(4) and (a)(7). The government’s case was based on a police officer’s affidavit stating that Austin had gone from his body shop to his mobile home to retrieve cocaine, which he then sold to a customer at the body shop. A subsequent search of both properties revealed small amounts of marijuana and cocaine, drug paraphernalia, a firearm, and approximately $4,700 in cash. Austin opposed the forfeiture, arguing it violated the Excessive Fines Clause of the Eighth Amendment. The District Court rejected this argument and granted summary judgment to the government. The Eighth Circuit affirmed, believing it was bound by precedent holding that the Constitution does not require proportionality review of forfeitures.
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