Case Brief Module 3

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Isabella Cardenas Cardona CRM-321 Substantive Criminal Law Case Brief 930 F.2d 857 59 USLW 2758 UNITED STATES of America, Plaintiff-Appellant, v. SIXTY ACRES IN ETOWAH COUNTY, Evelyn Charlene Ellis, Defendants-Appellees. United States Court of Appeals, Eleventh Circuit. (May 6, 1991) Parties: U.S. (Plaintiff) v. Sixty Acres in Etowah County (Defendants) Facts: The FBI, Alabama Bureau of Investigation, and Etowah County Narcotics Task Force performed a “buy-bust” operation on a property named Six Acres in Alabama on January 31 st , 1989. They did this intending to catch Hubert Owen Ellis, who was involved in drug activities. His wife, Evelyn Charlene Ellis, owned the property. An undercover informant named Phillip Tarvin negotiated the purchase of Marijuana with Mr.Ellis, who would later attempt to exchange the drugs with the informant during the operation. Tarvin contacted Ellis at the home and negotiated terms for the purchase of the marijuana. Days later, Tarvin came into the house wearing a listening device. Following a brief conversation, Ellis led Tarvin to the back of his home, where he acquired a garbage bag stating it contained “3 pounds of pot”. Tarvin asked Ellis to try the marijuana, stating code words, leading agents listening on the device to move out. Ellis fled from the back of the house carrying the marijuana with him.

That evening, he was not located, but two bags of the drug were found at the rear of his house. An Etowah County District Attorney's investigator testified that they saw Mrs.Ellis in her room when they entered the home. She was then questioned on her husband's whereabouts, and she stated she did not know where he was but was there minutes before a car pulled up and he left. Prior Proceedings: Mr. Ellis pleaded guilty to possession with intent to distribute Schedule I controlled substances on May 4 th , 1989. On January 5 th , 1990, the district court issued a forfeiture order on the Sixty Acres in Etowah County, Alabama, to the U.S. under 21 U.S.C. Sec.881 based on the property’s alleged use to facilitate drug-related offenses. Subsequently, the property owner, Mrs. Ellis, contested the decision. In response to her motion, the district court vacated the forfeiture order. It opened the case back up to consider evidence related to her lack of consent to her husband’s drug activities. After a bench trial on this issue, the district court dismissed the complaint for forfeiture and granted Mrs. Ellis’s claim to the property. This led to the government’s appeal of the district court’s decision. Issues Presented or Questions of Law: Did Mrs. Ellis consent to her husband's illegal drug activity, and if so, to what extent? Is Mrs. Ellis protected under the “innocent owner” provision? Under 21 U.S.C. Sec. 881(a)(7), does the evidence presented to show that the forfeited property was used to facilitate drug-related offenses? Did the district court correctly interpret and apply the law in vacating the original forfeiture order? Does Mrs. Ellis's position constitute within the legal framework of duress, thus excusing her from the consequences of consent? Arguments or Objectives of the Parties:

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