UNITED STATES v. JAIN

No. CR 93-216-JO. Civ. No. 95-243-JO.

892 F.Supp. 242 (1995)

UNITED STATES of America v. Kelly Lawrence JAIN, Defendant.

United States District Court, D. Oregon.

June 6, 1995.


Attorney(s) appearing for the Case

Kristine Olson Rogers, U.S. Atty., D.Or., Charles F. Gorder, Jr., Asst. U.S. Atty., Robert D. Nesler, Asst. U.S. Atty., Portland, OR, for U.S.

Paul M. Ferder, Ferder, Brandt & Casebeer, Salem, OR, for defendant.


ROBERT E. JONES, District Judge:

Defendant Kelly Lawrence Jain moves to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255, contending that the conviction violated his rights under the Double Jeopardy Clause of the Fifth Amendment. After considering the evidence and arguments presented by the parties, I conclude that the motion must be denied.

In January 1993 federal officers executed a search warrant at Jain's residence, seizing 548 growing...

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