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U.S. v. $405,089.23 U.S. CURRENCY

No. 93-55947.

33 F.3d 1210 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. $405,089.23 U.S. CURRENCY, et al., Defendants. Charles Arlt; James Wren; Payback Mines, Claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1994.

Attorney(s) appearing for the Case

Charles Wesley Arlt, Lompoc, CA, and James Eli Wren, Lompoc, CA, pro se, for claimants-appellants.

Mark A. Feldman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: POOLE and REINHARDT, Circuit Judges, and TANNER, District Judge.

REINHARDT, Circuit Judge:

This case involves the constitutional limits on the government's ability to seek criminal penalties and civil forfeiture based on the same violations of law. The government brought a criminal prosecution against the claimants at approximately the same time as it instituted this separate and parallel civil forfeiture action under 18 U.S.C. § 981(a)(1)(A) and 21 U.S.C. § 881(a)(6). The question is whether the government violated the...

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