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U.S. v. CULLEN

No. 92-1150.

979 F.2d 992 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Robert H. CULLEN; Luzon Cullen; Commander Drug; Cullen Clinic Building, including any and all appurtenances thereto and all proceeds from the sale thereof, Defendants-Appellants, and Mercury Drug, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided November 19, 1992.

Attorney(s) appearing for the Case

Anthony Elmer Collins, Wise, Va., for appellants.

Julie Marie Campbell, Asst. U.S. Atty., Abingdon, Va. (E. Montgomery Tucker, U.S. Atty., Abingdon, Va., on brief), for appellee.

Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.

OPINION

WILKINSON, Circuit Judge:

Robert Cullen was convicted of knowingly distributing controlled substances outside the scope of legitimate medical practice. In a separate in rem proceeding, the government sought the forfeiture of a building jointly owned by Dr. Cullen and his wife, Luzon, alleging that the building had been used to facilitate Dr. Cullen's offense. The Cullens' major contention is that the Double Jeopardy Clause of the Fifth Amendment...

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