United States v. Patrick Kelly Shorb

59 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Patrick Kelly SHORB, Defendant-Appellant. Nos. 93-30449, 93-30450. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 1, 1995. Decided June 26, 1995. 1 Before: BROWNING, REAVLEY, * and NORRIS, Circuit Judges 2 MEMORANDUM ** 3 Defendant Shorb appeals his conviction and sentence for conspiracy to manufacture and distribute marijuana ( 21 U.S.C. Sec. 846 ) and money laundering ( 18 U.S.C. Sec. 1956 (a)(1)(B)(i)). We affirm the conviction, vacate the sentence, and remand for resentencing. 4 * Shorb challenges his conviction as violative of the Double Jeopardy Clause, 1 relying primarily on our holding in United States v. $405,089.23 U.S. Currency, 33 F.3d 1210 (9th Cir. 1994), that the prohibition against double jeopardy barred the Government from bringing a civil forfeiture action based on the same criminal offense for which the defendant had…