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U.S. v. JAMES

No. 95-3135.

78 F.3d 851 (1996)

UNITED STATES of America, Appellee, v. Keith JAMES, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 4, 1996.

Attorney(s) appearing for the Case

Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, PA, for Appellee.

Thomas Livingston, Pittsburgh, PA, for Appellant.

Before: STAPLETON, SAROKIN, and ROSENN, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) December 8, 1995.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal primarily presents for consideration questions concerning whether a civil forfeiture of an automobile used in the sale of illegal drugs constitutes punishment under the Double Jeopardy Clause of the Constitution, and whether the Government must prove for purposes of sentence enhancement that cocaine base constitutes crack cocaine. Appellant...

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