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U.S. v. PEÑA

Civil Action No. 95-20051-03.

918 F.Supp. 1431 (1996)

UNITED STATES of America, Plaintiff, v. Rafael G. PEÑA, Defendant.

United States District Court, D. Kansas.

March 22, 1996.

Attorney(s) appearing for the Case

Kurt D. Marquart, Kansas City, MO, Stephen G. Ralls, Tucson, AZ, for defendant.

Kim Martin Fowler, Office of United States Attorney, Kansas City, KS, for U.S.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, District Judge.

This matter is before the court on defendant Raphael Peña's motion to dismiss the indictment based on double jeopardy grounds (Doc. # 187). Defendant maintains that his criminal prosecution in federal court, following civil forfeitures of property in state court, constitutes a successive effort to impose punishment for the same offense, in violation of the Double Jeopardy Clause of the Fifth...

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