United States v. Leonard Levy

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Leonard LEVY, Defendant-Appellant. No. 93-10348. United States Court of Appeals, Ninth Circuit. Submitted April 15, 1994. * Decided April 29, 1994. 1 Before: NORRIS and O'SCANNLAIN, Circuit Judges, and COUGHENOUR, District Judge ** . 2 MEMORANDUM *** 3 Leonard Levy appeals the district court's denial of his motion to dismiss an indictment alleging violations of federal banking laws. Levy argues that because the Securities and Exchange Commission has already obtained injunctive relief against him, subjecting him to a criminal trial would place him in double jeopardy. 4 We disagree. Even if the SEC's civil injunction were sufficiently punitive to constitute jeopardy under United States v. Halper, 490 U.S. 435 (1989) (holding that "in rare circumstances" a civil sanction may be disproportionate to the government's actual loss so as to amount to criminal punishment for…