United States v. Idi Amin Seifuddin, United States of America v. Harvey W. Merriweather

We decide two unrelated cases which were consolidated on appeal because they involve identical issues on nearly identical facts. Forfeiture of the defendants’ property was granted by the district court and they appealed. We reverse.

FACTS AND PROCEEDINGS BELOW

1. Idi Amin Seifuddin

Defendant Seifuddin was indicted for federal bank robbery and conspiracy to commit an offense against the United States. He was found guilty at a jury trial of all counts, and sentenced to 20 years incarceration. Neither the indictment, judgment, nor sentence indicated that his property was also to be forfeited. Almost four years after Seifuddin was sentenced, the government made a motion for “Disposition of Firearms and Ammunition” under 18 U.S.C. app. I § 3611 for firearms and ammunition owned by Seifuddin and seized in connection with his offenses. Apparently, this property was being held by the district court. After a hearing, the district court granted the government’s motion.

2. Harvey W. Merriweather

Defendant Merriweather was indicted for federal bank robbery, two counts of armed robbery, and four counts of felony-firearm possession. He was found guilty by a jury of all counts except bank…