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United States v. McManigal

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


December 20, 1983

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DONALD P. MCMANIGAL, DEFENDANT-APPELLANT

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. Joel M. Flaum, Judge. On Remand from the Supreme Court.*fn1

Hon. Walter J. Cummings, Chief Judge Hon. Harlington Wood, Jr., Circuit Judge and Hon. Walter E. Hoffman, Senior District Judge.*fn*

Order

On consideration of the parties' Circuit Rule 19 statements, filed this month in the light of Russello v. United States, 464 U.S. 16, 52 LW 4003, 78 L. Ed. 2d 17, 104 S. Ct. 296 (1983), our judgment of May 19, 1983 (see 708 F.2d 276) is vacated insofar as it holds that "any interest" in forfeiture section of racketeering statute (18 U.S.C. ยง 1963(a)(1) does not include proceeds derived from a pattern of racketeering activity (708 F.2d at 283-287) but is reaffirmed insofar as it holds that the United States can only recover whatever accounts receivable were still in existence at the time of defendant's conviction (708 F.2d at 287-290).*fn2 Therefore the district court's order forfeiting $99,700 to the United States remains reversed.

FOOTNOTES

1 See 464 U.S. 16, 104 S. Ct. 419, 78 L. Ed. 2d 355, 52 U.S.L.W. 3386.


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