United States v. W. R. Walters, United States of America v. Two Hundred Sixty-Two Firearms
- Decided
- January 20, 1981
- Docket
- 78-3653
- Status
- Published
- Jurisdiction
- Federal
Cited 6,283 timesNo negative treatment found in this library
What later courts said
- holding that “further appeal is waived” if a party fails to object to a magistrate judge’s report — Coleman v. Kellogg's Co. (2025)
- holding that a failure to file objections to a magistrate judge’s recommendation waives the right to appellate review — Campbell v. Green (2021)
- holding that a failure to file objections to a magistrate judge’s recommendation waives the right to appellate review — Huffman v. Jordan (2020)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
NATHANIEL R. JONES, Circuit Judge.
The United States appeals from a judgment dismissing its petition for forfeiture of 262 weapons. The district court held that it lacked jurisdiction because the United States Attorney General or his delegate failed to authorize the forfeiture action. The issues on appeal are: (1) whether the United States’ failure to file objections to a Magistrate’s Report in the district court prior to its adoption of such report constitutes a waiver of the right to appeal; (2) whether a United States Attorney is a delegate of the United States Attorney General authorized to commence a forfeiture action; and (3) whether the government’s seizure of the 262 weapons violated the Fourth Amendment. For the reasons set forth below, we reverse the judgment of the district court and remand the case for appropriate proceedings.
I.
Statutes cited
- 26 U.S.C. § 7401
- 28 U.S.C. § 631
- 28 U.S.C. § 1291
- 28 U.S.C. § 636
- 28 U.S.C. § 1296
- 18 U.S.C. § 924
- 28 U.S.C. § 519
- 28 U.S.C. § 547
- 18 U.S.C. § 923
- 5 U.S.C. § 124
And 1 more section cited in the full opinion.
Cite this
United States v. W. R. Walters, United States of America v. Two Hundred Sixty-Two Firearms, 638 F.2d 947 (1981)Read the full opinion
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