Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)) (internal quotations omitted). 17 . See supra note 4. 18 . While other circuits have concluded that substitute assets may not be restrained pretrial, it is well-settled in the Fourth Circuit that pretrial restraint of substitute assets is appropriate to preserve those assets for forfeiture if a conviction is ultimately entered. See Billman, 915 F.2d at 921 (upholding pretrial restraint of substitute assets under RICO forfeiture provision in 18 U.S.C. § 1963(d)(1)(A)); United States v. Wu, 814 F.Supp. 491, 493 (E.D.Va.1993) (applying Billman rationale to uphold pretrial restraint of substitute assets under both 18 U.S.C. § 1963(d)(1)(A) and 21 U.S.C. § 853(e)(1)); United States v. Swank, 797 F.Supp. 497, 501 (E.D.Va.1992) (<HOLDING>). But see contrary cases cited infra note 32.
holding that drug quantity is an element of an offense under 21 usc  841 holding that no special parole term was authorized for a conviction for conspiracy in violation of 21 usc  846 which mentioned only fine and imprisonment and not special parole and emphazing the in addition to language of 21 usc  841b1b holding that 21 usc  853e1 authorizes pretrial restraint of substitute assets holding conviction for cce murder 21 usc  848e1 is a separate offense from a cce 21 usc  848c holding that when a plea agreement or consent order does not explicitly prohibit seeking the forfeiture of substitute assets via civil forfeiture under  981 the statutory scheme controls and requires the forfeiture of substitute assets pursuant to  2461c and 853p