DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172060P.pdf 07/27/2018 United States of America v. Sangeeta Mann
U.S. Court of Appeals Case No: 17-2060
and No: 17-2489
and No: 17-2490
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Shepherd, Author, with Wollman and Erickson, Circuit Judges]
Civil case - Forfeiture. The court declines to review again the issue of
whether the United States committed fraud in obtaining Dr. Mann's criminal
convictions as it has reviewed the matter in both his direct criminal
appeal and in denying a certificate of appealability in his Section 2255
petition; the district court did not err in refusing to permit discovery
on this fraud issue; the district court did not err in forfeiting an
unregistered shotgun as Mann could not lawfully possess it; the government
was not collaterally estopped from seeking forfeiture by the jury's
verdict finding Mann not guilty of illegal possession of the shotgun; the
district court had jurisdiction to dispose of 93 weapons seized from Mann
as he could not lawfully possess them as a convicted felon; further, Mann
moved the court to use the proceeds of the sale to pay his outstanding
debt and, since the holder of a judgment lien was the only claimant
asserting an interest in the weapons, the court had equitable power to
order the proceeds given to the judgment holder; the district court did
not err in determining Mrs. Mann had no ownership interest in the guns and
is not entitled to any proceeds from their sale.