United States v. Arthur E. Hall

The government appeals from an order dismissing an indictment charging appellee with a violation of 18 U.S.C. § 545 [smuggling into the United States merchandise which should have been invoiced].

BACKGROUND

In 1974, the appellee was charged with having smuggled two diamond rings into the United States in violation of the above statute. Having waived a jury, he was tried by the court and found guilty. Subsequently, he was sentenced to one year’s probation on condition that he “consent” to the entry of a civil decree of forfeiture of the rings pursuant to the provisions of 19 U.S.C. § 1497 . He consented to the condition, the rings were forfeited to the government, and his probationary period expired on September 15, 1975.

Later, the appellee appealed to this court; he claimed that the indictment failed to state that the rings would be forfeited to the government, as required by Rule 7(c)(2), F.R.Crim.P., and that, consequently, the indictment was insufficient to charge him with a crime. We held that the indictment was fatally defective and in June, 1975, vacated the conviction and ordered a dismissal of the indictment. United States v. Hall, 521 F.2d 406 (CA9 1975). There was no…