U.S. v. Sixty Acres in Etowah County Paper Example

Parties

The United States of America, (Plaintiff-Appellant), v. Sixty Acres in Etowah County, Evelyn Charlene Ellis, (Defendants-Appellees)

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Facts

On January 31, 1989, Etowah County Narcotics Taskforce in collaboration with the Alabama Bureau of Investigation and the FBI conducted a raid on the defendant's property. According to U.S. v. Sixty Acres in Etowah County, 930 F.2d 857 , the agencies conducted a buy-bust operation following information that Mr. Elis, the appellee's husband, was selling marijuana on property that Mrs. Elis held the title. Philip Tarvin, an informant for the Etowah County Narcotics Task Force, provided the sheriff with information on individuals who were dealing drugs in the area. Mr. Elis was on the list; therefore, the sheriff decided to launch an investigation.

Mr. Tarvin visited Mr. Ellis' residence, which he shared with his wife, with the aim of purchasing marijuana. He was wearing a listening device to record and air the conversation to raid officers. Mr. Ellis took Mr. Tarvin to the backyard where he pulled out a garbage bag containing six plastic bags of marijuana, which he claimed to have contained three pounds of marijuana. Mr. Tarvin used a code name to alert raid officers to proceed and make the arrest. MR. Elis escaped from the backyard with the marijuana after observing the agents' arrival. The agents did not arrest Mr. Ellis, but they confiscated marijuana hidden in the backyard. An investigator working with the Etowah District Attorney testified that upon a visit to the property, Mrs. Ellis acknowledged the presence of his husband in the hours few minutes before the investigator's arrival. The investigator observed Mr. Ellis flee using a car parked outside. The state claims that Mrs. Ellis consented to his husband's drug activities.

Prior Proceedings

The case was originally heard before the Districts Court in 1989, where Mr. Ellis pleaded guilty of the stated charges. He agreed to have been in possession of controlled substances and having the desire to distribute them. Mr. Ellis was sentenced to ten months in prison by the US. District court of Alabama. In 1990, the district court gave an order of forfeiture for the appellee's property according to the US statutes since it was used to commit and facilitate the use of prohibited substances. Mrs. Ellis responded to the order by filing a motion of relief claiming to have lacked consent and will on her husband's illegal activities. The district court conducted the trial in which it disregarded its previous ruling and reversed its forfeiture decisions. It dismissed the state's claim on the property and granted Mrs. Ellis claim to the property.

Saint Leo Core Values Displayed

Mr. Ellis violated Saint Leo's core value of integrity since he engaged in illegal business and engaged in violent behavior towards his spouses.

Rationale

The court acknowledged that Mrs. Ellis's circumstances would have justified duress if his husband threatened with immediate harm unto which she could not escape. The appellee's evidence proved that she feared her husband due to his violent history. The fear claims provoked the court's sympathy; however, it failed to satisfy the court that she acted under duress and lacked consent on the ongoing. Additionally, the evidence did not prove Mr. Ellis threatened with immediate harm in case she reported the matter.

Conclusion

Following the lack of adequate evidence provided by the appellee, the court reversed the judgment of the district court and granted the state claim to the property.

Reference

U.S. v. Sixty Acres in Etowah County, [1991] 930 F.2d 857 (11th Cir. 1991)