United States v. George Lewis

74 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. George LEWIS, Defendant-Appellant. No. 95-50132. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1995. Decided Jan. 17, 1996. Before: SCHROEDER, FERGUSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 George Lewis appeals the district court's order, on remand from this court, denying his motion to dismiss on double jeopardy grounds the indictment charging him with conspiracy to possess with intent to distribute cocaine and possession of cocaine, in violation of 21 U.S.C. Secs. 846 (a)(1) and 841. Lewis' position is that jeopardy attached in the civil forfeiture proceedings that intervened between the time the jury was impaneled in his earlier criminal trial and the commencement of proceedings on remand, so that continued efforts to prosecute Lewis on remand constitute a second jeopardy. Appellant rests his argument on this court's…