United States v. $1,020,378.05 U.S. Currency, Robert L. Chesney, Claimant-Appellant

Good Law
26 F.3d 134·1994 WL 198647·1994 U.S. App. LEXIS 21501
United States Court of Appeals for the Ninth CircuitMay 19, 199493-55235California1,676 words

Opinion

Opinion

26 F.3d 134 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. $1,020,378.05 U.S. CURRENCY, Defendant Robert L. Chesney, Claimant-Appellant. No. 93-55235. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 19, 1994. Before HUG, D.W. NELSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Claimant Robert L. Chesney appeals pro se the district court's summary judgment in favor of the United States in the government's civil forfeiture action pursuant to 18 U.S.C. Sec. 981 (a)(1)(A). Chesney contends the forfeiture penalty is excessive and barred by the Double Jeopardy Clause, and that he was improperly denied court-appointed counsel. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. A. Summary Judgment 3 We review de novo a district court's grant of summary judgment. United States v. 56-Foot Yacht Named Tahuna, 702 F.2d 1276, 1280 (9th Cir.1983). Summary judgment is appropriate if there…

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