UNITED STATES of America, Plaintiff-Appellee, v. John WASHINGTON, Defendant-Appellant

John Washington interlocutorily appeals the district court’s denial of a motion to dismiss his criminal indictment on the basis of double jeopardy. Washington is charged with one count of conspiracy to possess and distribute cocaine base in violation of 21 U.S.C. § 846 , six counts of possession and distribution of cocaine base in violation of 21 U.S.C. § 841 (a)(1), and one count of use of a communication facility to facilitate drug trafficking in violation of 21 U.S.C. § 843 (b). Washington contends these charges should be dismissed because he has already been subjected to punishment for the same offenses through a civil forfeiture action.

BACKGROUND

On July 1, 1991, federal agents arrested Washington following an undercover narcotics sting operation. At the time of Washington’s arrest, the agents seized approximately $1,150 from his person (Washington claims the agents actually seized over $1,500). The Government states, and Washington does not contest, that the agents seized the money pursuant to 21 U.S.C. § 881 (a)(6), the forfeiture statute directed at proceeds of illegal narcotics transactions. The Government subsequently sent Washington a notice of forfeiture. On the…