Austin v. United States
| Austin v. United States | |
|---|---|
 | |
| Holding | |
| Forfeiture under §§881(a)(4) and (a)(7) is a monetary punishment and, as such, is subject to the limitations of the Excessive Fines Clause. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Blackmun, joined by White, Stevens, O'Connor, Souter |
| Concurrence | Scalia (in part and in judgment) |
| Concurrence | Kennedy (in part and in judgment), joined by Rehnquist, Thomas |
Austin v. United States, 509 U.S. 602 (1993), was a case in which the Supreme Court of the United States held that the Eighth Amendment to the United States Constitution applies to civil forfeiture cases.[1]
Background
Richard Lyle Austin was indicted for violating South Dakota's drug laws.[2] He pleaded guilty to one count of possession cocaine with intent to distribute and was sentenced to seven years in jail.[2] The United States then filed an in rem action, seeking forfeiture of Austin's mobile home and auto body shop under federal statutes that provide for forfeiture of property that is used or intended for use to facilitate the transportation of controlled substances, or related materials.[3] Austin argued that forfeiture of his property would violate the Eighth Amendment's Excessive Fines Clause.[4]
Opinion of the Court
In an opinion written by
See also
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases, volume 508
- List of United States Supreme Court cases by the Rehnquist Court
References
- ^ Austin v. United States, 509 U.S. 602, 604 (1993).
- ^ a b Austin, 509 U.S. at 604.
- ^ Austin, 509 U.S. at 60405 (citing 21 U.S.C. §§ 881(a)(4), (a)(7).
- ^ Austin, 509 U.S. at 605.
- ^ Austin, 509 U.S. at 622.
- ^ Austin, 509 U.S. at 626-27 (Scalia, J., concurring in part and concurring in the judgment).
- ^ Austin, 509 U.S. at 628 (Kennedy, J., concurring in part and concurring in the judgment).
External links
- Text of Austin v. United States, 509 U.S. 602 (1993) is available from: Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)