TaiLexi AI U.S. Case Law

United States v. Vera Lee Peacock, Hoyle Lamont Peacock

UNITED STATES of America, Plaintiff-Appellee, v. Vera Lee PEACOCK, Hoyle Lamont Peacock, Defendants-Appellants

United States v. Peacock, 686 F.2d 356 (5th Cir. 1982)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Subsequent history: aff'd sub nom. Oliver v. United States, 466 U.S. 170 (1984). (read from the later opinion; check before relying)

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
September 24, 1982
Docket
No. 80-7087
Judges
Roney, Hill, Fay
Citations
686 F.2d 3561982 U.S. App. LEXIS 25339
Summary
ON PETITIONS FOR REHEARING

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

PER CURIAM:

IT IS ORDERED that the government’s petition for rehearing is GRANTED.

Part V of our opinion dealt with the forfeiture of insurance proceeds acquired by the appellants. Bound at the time by the decision in United States v. Martino, 648 F.2d 367 (5th Cir. 1981), we held that 18 U.S.C. § 1963 (a) did not authorize the forfeiture of the profits of a RICO offense and reversed the district court’s forfeiture order. 654 F.2d 339 at 351-52 .

After our opinion issued, the Former Fifth Circuit Court of Appeals granted rehearing en banc as to the portion of Martino that dealt with forfeiture. The court held that § 1963(a) does encompass “forfeiture of the income or proceeds of racketeering activity.”

United States v. Martino, 681 F.2d 952, 961 (5th Cir. 1982) (en banc).

Accordingly, upon our reconsideration, so much of Part V of our opinion as dealt with the scope of section 1963(a) is vacated. The district court’s forfeiture order is affirmed for the reasons stated in the Fifth Circuit’s en banc opinion in Martino.

In all other respects, the panel adheres to the opinion previously issued, and appellants’ petition for rehearing is DENIED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1983: 11986: 21989: 41991: 11999: 12002: 219832026peak 1989 · 4

Relies on it most ⓘ

  1. Hutchinson v. Wickes Companies, Inc.726 F. Supp. 1315 (N.D. Ga. 1989)
  2. United States v. Edwin Edwards Stephen Edwards Cecil Brown Andrew Martin Bobby Johnson303 F.3d 606 (5th Cir. 2002)
  3. United States v. Caporale806 F.2d 1487 (11th Cir. 1986)
  4. United States v. Ernest Lopez, United States of America v803 F.2d 969 (9th Cir. 1986)
  5. United States v. Shannon Blake Triplett922 F.2d 1174 (5th Cir. 1991)
  6. United States v. Diaz190 F.3d 1247 (11th Cir. 1999)

Most recent

  1. United States v. EdwardsNo. 01-30036 (5th Cir. Oct. 17, 2002)
  2. United States v. Edwin Edwards Stephen Edwards Cecil Brown Andrew Martin Bobby Johnson303 F.3d 606 (5th Cir. 2002)
  3. United States v. Diaz190 F.3d 1247 (11th Cir. 1999)
  4. United States v. Shannon Blake Triplett922 F.2d 1174 (5th Cir. 1991)
  5. Hutchinson v. Wickes Companies, Inc.726 F. Supp. 1315 (N.D. Ga. 1989)
  6. Evan Callanan, Sr. (87-2034), Evan Callanan, Jr. (87-2036) v. United States881 F.2d 229 (6th Cir. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
United States v. Martino, 648 F.2d 367 (5th Cir. 1981) 197
United States v. Hoyle Lamont Peacock, Vera Lee Peacock & Harvey Coleman Peacock, 654 F.2d 339 (5th Cir. 1981) 78
United States v. Martino, 681 F.2d 952 (5th Cir. 1982) 50

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list