U.S. v. KALLIN

No. 95-10560.

108 F.3d 221 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jack P. KALLIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1997.


Attorney(s) appearing for the Case

Michelle R. Hamilton, Carpenter & Hamilton, Phoenix, Arizona, for defendant-appellant.

Stephen G. Winerip, Assistant United States Attorney, Phoenix, Arizona, for plaintiff-appellee.

Before: HUG, C.J., REAVLEY and LEAVY, Circuit Judges.


OPINION

LEAVY, Circuit Judge:

In this case we must determine whether the imposition of a civil penalty against a defendant who had been convicted and sentenced on criminal charges constitutes punishment for purposes of the Fifth Amendment's Double Jeopardy Clause so as to preclude that defendant's being retried on any of those same criminal charges following the reversal of his conviction on appeal. We conclude that there was no double jeopardy and therefore...

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