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U.S. v. ONE 1978 PIPER CHEROKEE AIRCRAFT

No. 92-15350.

91 F.3d 1204 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1978 PIPER CHEROKEE AIRCRAFT, Tail No. N 5538V, Including its Tools and Appurtenances, Defendant, Perry A. McCullough, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1994.

Opinion Withdrawn August 1, 1996.

Decided August 1, 1996.

Attorney(s) appearing for the Case

Thomas E. Flynn, Assistant United States Attorney, Sacramento, California, for plaintiff-appellee.

Richard F. Cornell, Reno, Nevada, for claimant-appellant.

Before: POOLE, CANBY, Jr., and RYMER, Circuit Judges.

ORDER

Our earlier decision in this case was filed on September 30, 1994. United States v. One 1978 Piper Cherokee Aircraft, 37 F.3d 489 (9th Cir.1994). Part VI of that opinion held that, unless the forfeiture of the airplane under 21 U.S.C. § 881 could be predicated on conduct other than that for which claimant McCullough had already been prosecuted, the forfeiture violated the double jeopardy clause. Id. at 494...

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