United States v. Paul Lee Faber

Paul L. Faber appeals his conviction for conspiracy to manufacture and possess with intent to distribute marijuana. Faber contends that his criminal sentence should be vacated in light of the recently decided Ninth Circuit case, U.S. v. $405,089.23 U.S. Currency, which held that criminal proceedings and civil forfeiture proceedings based on the same acts may subject a defendant to double jeopardy. 33 F.3d 1210 (9th Cir.1994), reh’g denied, 56 F.3d 41 (1995). We affirm.

On November 10, 1992 the government filed a civil forfeiture against Faber for his house at 7777 S.W. 69th Avenue (the Fabers’ residence). On October 14, 1993 a grand jury returned a superseding indictment charging Faber with conspiracy to manufacture and distribute marijuana and maintaining premises for manufacturing, distributing and using marijuana at 7777 S.W. 69th Avenue. On February 2, 1994, the government filed another civil forfeiture proceeding seeking to forfeit Faber’s real property located at 7755 S.W. 69th (a rental property), as a substitute for his property at 7777 S.W. 69th Avenue.

On February 7, 1994, after a suppression motion was denied, Faber pled guilty to the conspiracy charge and reserved…