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UNITED STATES v. URSERY

No. 95-345.

518 U.S. 267 (1996)

UNITED STATES v. URSERY

United States Supreme Court.

Decided June 24, 1996.

Attorney(s) appearing for the Case

Michael R. Dreeben argued the cause for the United States in both cases. With him on the briefs were Solicitor General Days, Acting Assistant Attorney General Keeney, Miguel A. Estrada, Kathleen A. Felton, and Joseph Douglas Wilson.

Jeffry K. Finer argued the cause for respondents in No. 95-346. With him on the briefs were Jeffrey Steinborn, David Michael, and E. E. Edwards III.

Lawrence S. Robbins argued the cause for respondent in No. 95-345. With him on the brief were Donald M. Falk and Lawrence J. Emery, by appointment of the Court, 516 U.S. 1109.†

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Kennedy, J., filed a concurring opinion, p. 292. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, p. 297. Stevens, J., filed an opinion concurring in the judgment in part and dissenting in part, p. 297.

Chief Justice Rehnquist delivered the opinion of the Court.

In separate cases, the United States Court of Appeals for the Sixth Circuit and the United States Court of Appeals for the Ninth Circuit held that the Double Jeopardy Clause prohibits the Government from both punishing a defendant for a criminal offense and forfeiting his property for that same offense in a separate civil proceeding. We consolidated those cases for...

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