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U.S. v. EMERSON

No. 96-1627.

107 F.3d 77 (1997)

UNITED STATES of America, Plaintiff, Appellee, v. Alan EMERSON, Individually, and d/b/a Emerson Aviation, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 26, 1997.

Attorney(s) appearing for the Case

John P. Kalled, Ossipee, NH, for defendant, appellant.

Patrick M. Walsh, Assistant United States Attorney, with whom Paul M. Gagnon, United States Attorney, was on brief, Concord, NH, for plaintiff, appellee.

Before CYR, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.

COFFIN, Senior Circuit Judge.

Appellant Alan D. Emerson has been ordered to pay a civil penalty of $185,000 for numerous violations of federal aviation law.1 He claims that the assessment violates both the Excessive Fines Clause of the Eighth Amendment and the Double Jeopardy Clause of the Fifth Amendment. We find no constitutional error, and therefore affirm.

I. Factual and Procedural...

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