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U.S. v. McCLINTON

Nos. 95-30148, 95-30169.

98 F.3d 1199 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Edward McCLINTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Thomas SANDERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 30, 1996.

Attorney(s) appearing for the Case

Peter Offenbecher, Assistant Federal Public Defender, Seattle, WA, for defendants-appellants.

Barbara Sievers, Assistant United States Attorney, Seattle, WA, for plaintiff-appellee.

Before: BROWNING, D.W. NELSON, and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

Edward McClinton and Thomas Sanders were each charged with possession of small quantities of marijuana, which they had brought with them when they entered the United States. See 21 U.S.C. § 844. Each had been assessed a civil penalty at entry when the marijuana was discovered after they had failed to present it. See 19 U.S.C. § 1459. Each asserted that the Double Jeopardy Clause precluded a prosecution after imposition...

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