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U.S. v. EMMONS

No. 96-3093.

107 F.3d 762 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Daryl D. EMMONS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 18, 1997.

Attorney(s) appearing for the Case

Jackie N. Williams, United States Attorney, Connie R. DeArmond, Assistant U.S. Attorney, and Annette B. Gurney, Assistant U.S. Attorney, Wichita, KS, for Plaintiff-Appellant.

Daniel E. Monnat, Monnat & Spurrier, Wichita, KS, for Defendant-Appellee.

Before TACHA, BALDOCK, and BRISCOE, Circuit Judges.

TACHA, Circuit Judge.

The government appeals the order of the district court granting Daryl Emmons's 28 U.S.C. § 2255 motion to vacate his conviction and sentence. The district court concluded that the Double Jeopardy Clause prohibited the government from punishing Emmons for a criminal offense and forfeiting his property for that same offense in a separate civil proceeding. While the government's appeal was pending, the Supreme Court decided United States...

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