UNITED STATES of America, Plaintiff-Appellee, v. Juan Benito CASTRO, Defendant-Appellant

OVERVIEW

Juan Benito Castro interlocutorily appeals the district court’s denial of his motion to dismiss the Third Superseding Indictment. Castro contends that his criminal prosecution for drug-related offenses would violate the Fifth Amendment’s Double Jeopardy Clause because jeopardy attached in the prior administrative forfeiture of his property. We have jurisdiction to hear Castro’s interlocutory appeal, pursuant to 28 U.S.C. § 1291 . See United States v. Chick, 61 F.3d 682, 685 (9th Cir.), petition for cert. filed, 64 U.S.L.W. 3417 (U.S. Nov. 29, 1995) (No. 95-858). We affirm the district court’s denial of Castro’s motion.

FACTS AND PRIOR PROCEEDINGS

On July 23, 1993, Castro was indicted for, inter alia, conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 846 , 841(a)(1), and possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1). The Third Superseding Indictment contains additional counts unrelated to the forfeiture at issue. One count of possession with intent to distribute cocaine relates to a July 9, 1993 drug transaction, where Castro allegedly gave a cooperating witness $320,000 for twenty kilograms of…