United States v. Erasmo Jose Inocencio Robert G. Menken

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Erasmo Jose INOCENCIO; Robert G. Menken, Defendants-Appellants. No. 95-10021. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 27, 1995. Before: BROWNING, GOODWIN and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Erasmo Jose Inocencio and Robert G. Menken appeal the district court's denial of their motions to dismiss a criminal indictment on double jeopardy grounds. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 Inocencio and Menken contend that the criminal charges should be dismissed because they have already been subjected to punishment for the same offenses through the government's uncontested administrative forfeiture proceedings. This contention is foreclosed by United States v. Cretacci, No. 94-10235, slip op. 9565, 9571 (9th Cir. Aug. 4, 1995), in which we held that an administrative…