United States v. Clarence Jay Crozier, Manuel Isadore Pine, Alan Terry Stein, and Florence Margaret Wolke

These three interlocutory appeals arose out of a criminal case against Crozier, Pine, Stein, Wolke, and seven other defendants who were charged with the manufacture and possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). They were also charged with conspiracy and tax evasion, in violation of 26 U.S.C. § 7201 . Count Two of the indictment charges Crozier with engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848 (1976) (Section 848).

The penalties for violating Section 848 include forfeiture of all profits obtained through the criminal enterprise. The government moved ex parte to restrain the sale, transfer, or encumbrance of virtually all of Crozier’s real and personal property, and some property belonging to Florence Wolke, who occupies the same house with Crozier, but who is not named in Count Two. The district court granted the government’s request for a restraining order.

The motions of Crozier and Wolke to dissolve the restraining order were denied without a hearing. They filed interlocutory appeals, in which they contend that: (1) Section 848(d) is unconstitutional, particularly as applied in this case,…