United States v. Roy L. Barton

Roy L. Barton brought a motion to vacate his sentence challenging his conviction of violation of 21 U.S.C. § 841 (a)(1) by manufacturing over 100 marijuana plants. He contended that the conviction was in violation of the Double Jeopardy Clause of the Constitution. The district court denied his petition. We affirm the district court.

PROCEEDINGS

The critical dates are as follows:

On January 4,1992 Barton was indicted on two counts charging violation of 21 U.S.C. § 841 (a)(1).

On February 20, 1992 the United States filed a complaint for forfeiture of real property used in connection with the manufacture of marijuana plants. On March 20, 1992 this complaint was served on Barton.

On April 6,1992 Barton entered into a plea agreement by which he pleaded guilty to count 1 of the indictment charging him with violation of 21 U.S.C. § 841 (a)(1).

On April 21, 1992 Barton filed a claim in answer to the complaint seeking forfeiture of the property.

On July 17, 1992 Barton was sentenced to a prison term of two years and nine months for the violation of § 841(a)(1) to which he had pleaded guilty.

On July 24, 1992 the United States filed a complaint for forfeiture against $15,836.61 U.S.…