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U.S. v. TILLEY

No. 93-1394.

18 F.3d 295 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Wayne TILLEY, and Susan Wells Tilley, Tommy Ross Anderson and Sarah Jane Anderson, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied May 11, 1994.

Attorney(s) appearing for the Case

Gerald H. Goldstein, John Fahle, Goldstein, Goldstein & Hilley, San Antonio, TX for Jerry Tilley.

Martin L. LeNoir, Dallas, TX, for Tommy Anderson.

Barry Sorrels, Milner, Goranson, Sorrels, Udashen, Wells & Parker, Dallas, TX, for Sarah Anderson.

Tim K. Banner, Robert A. Montserrat, Dallas, TX, for Susan Tilley.

Jim E. Lavine, Houston, TX, for amicus TX. Crim. Defense Lawyers Ass'n and Nat'l Ass'n of Criminal Defense Lawyers.

Michael Snipes, Delonia A. Watson, and Stewart C. Robinson, Jr., Asst. U.S. Attys., Richard H. Stephens, U.S. Atty., Dallas, TX, for U.S.

Before JOHNSON, JOLLY, and JONES, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 11, 1994.

E. GRADY JOLLY, Circuit Judge:

In this appeal, the defendants seek dismissal of their criminal indictment for selling illegal drugs on grounds of double jeopardy. They argue that the prior civil forfeiture of the proceeds from these drug sales constitutes punishment for the crimes charged in the indictment and that the Double Jeopardy Clause precludes a second punishment. The

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