United States v. Richard J. Lester, and Sheila Lester, Petitioner-Claimant-Appellant

Sheila Lester appeals the district court’s order forfeiting her interest in certain real property located at 100 Indianola Road in Eureka, California (the “Indianola property”). Mrs. Lester’s interest in the Indianola property was forfeited, pursuant to 21 U.S.C. § 853 (p), in connection with the conviction of her husband, Richard Lester.' We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

I

Background

In September . 1992, the Government filed an indictment charging Mr. Lester and others with conspiracy to possess with intent to distribute marijuana. Mrs. Lester was not indicted, and there is no allegation that she was involved in any wrongdoing. On December 2,1993, the Government filed a superseding indictment which added a criminal forfeiture count under 21 U.S.C. § 853 . The count alleged that $2.5 million was forfeitable by Mr. Lester as proceeds of the conspiracy. On March 30, 1994, the jury found Mr. Lester guilty and returned a special verdict in favor of the Government on the forfeiture count.

At the sentencing hearing, the Government chose not to seek forfeiture of Mr. Lester’s property, pursuant to 21 U.S.C. § 853 (a), as property linked to his…