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032960P.pdf   08/05/2004  United States  v.  Jonah Bronstein
   U.S. Court of Appeals Case No:  03-2960
   District of Nebraska   
   Civil case - forfeiture. District court did not err in holding defendant 
   had waived Eighth Amendment challenge to forfeiture by failing to raise 
   it on a timely basis under the pretrial order; district court did not err in 
   granting the government's motion to conform the pleadings to the 
   evidence as the issues were tried without objection; evidence was 
   sufficient to support forfeiture, as the government proved by a 
   preponderance of the evidence that the money seized was substantially 
   connected to drug trafficking. 
   [PUBLISHED] [Smith, Author, with Beam and Colloton, Circuit Judges]