United States v. Kaley
677 F.3d 1316
11th Cir.2012Background
- Kaley and Kaley challenge a district court's denial of a motion to vacate a pretrial protective order restraining their assets.
- Kaleys previously won (Kaley I) that they were entitled to a pretrial evidentiary hearing, prompting remand for reweighing Bissell factors.
- On remand, district court held a pretrial post-restraint evidentiary hearing limited to whether assets were traceable to or involved in the charged conduct; no challenge to underlying evidence was offered.
- Kaleys argued the hearing should also address the factual foundation supporting the grand jury's probable cause determinations (the indictment's validity).
- Court holds that, under 21 U.S.C. § 853(e) and relevant case law, the pretrial hearing may challenge asset-forfeiture nexus but not the indictment's evidentiary basis.
- Ultimately the court denied vacating the protective order; Kaleys appealed again.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of pretrial post-restraint hearing | Kaleys: may challenge grand jury probable cause underlying indictment | Kaleys: limit is traceability only | Hearing limited to traceability Nexus; cannot challenge indictment |
| Right to challenge indictment at pretrial hearing | Kaleys: due process requires broader challenge to underlying charges | Kaleys: indictment cannot be challenged pretrial | Indictment challenges not allowed pretrial; cannot re-litigate probable cause |
Key Cases Cited
- Kaley v. United States, 579 F.3d 1246 (11th Cir. 2009) (reversed district’ s denial of pretrial evidentiary hearing; remanded for proper Bissell-factor analysis)
- United States v. Bissell, 866 F.2d 1343 (11th Cir. 1989) (four Barker factors govern pretrial asset-restraint hearings)
- Costello v. United States, 350 U.S. 359 (1956) (indictment, if facially valid, not open to pretrial challenge on evidence)
- United States v. Williams, 504 U.S. 36 (1992) (grand jury independence; cannot challenge grand jury evidence pretrial)
- Calandra v. United States, 414 U.S. 338 (1974) (grand jury proceedings not invalidated by excluded or obtained evidence)