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U.S. v. VARIOUS COMPUTERS AND COMPUTER EQUIPMENT

Nos. 95-3195, 95-3378 and 95-3379.

82 F.3d 582 (1996)

UNITED STATES of America, Appellee, v. VARIOUS COMPUTERS AND COMPUTER EQUIPMENT, Paris Francis Lundis, Appellants.

United States Court of Appeals, Third Circuit.

Decided April 30, 1996.

Sur Petition for Rehearing June 27, 1996.

Attorney(s) appearing for the Case

Frederick W. Thieman, U.S. Attorney, Mary McKeen Houghton, Assistant U.S. Attorney (argued), Pittsburgh, PA, for Appellee.

Shelley Stark, Acting Federal Public Defender, W. Penn Hackney, First Asst. Federal Public Defender, Karen Sirianni Gerlach, Asst. Federal Public Defender (argued), Pittsburgh, PA, for Appellants.

Before: GREENBERG, ROTH, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The primary, and in this circuit, novel, issue in this appeal is whether civil forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C), constitutes punishment for double jeopardy purposes, when a court has already sentenced a defendant to imprisonment and the payment of restitution. Paris Francis Lundis pled guilty in the United States District Court for the Western District of Pennsylvania to one count of unauthorized...

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