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U.S. v. THIBAULT

Civ. A. No. 95-M-175. Crim. A. No. 93-CR-53.

897 F.Supp. 495 (1995)

UNITED STATES of America, Plaintiff/Respondent, v. Dana THIBAULT, Defendant/Movant.

United States District Court, D. Colorado.

June 13, 1995.

Attorney(s) appearing for the Case

John M. Hutchins, Assistant United States Attorney, Denver, CO, for plaintiff.

Robert Cook, Boulder, CO, for defendant.

MEMORANDUM OPINION AND ORDER

MATSCH, Chief Judge.

By his motion pursuant to 28 U.S.C. § 2255, Dana Thibault seeks an order vacating his conviction and sentence on the claim that the conviction violated the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution because he was previously punished by forfeiture of his property pursuant to 21 U.S.C. § 881(a)(7).

The defendant pleaded guilty on September 8, 1993, to...

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