United States v. Christopher P. Whittlesey

85 F.3d 639 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Respondent-Appellant, v. Christopher P. WHITTLESEY, Petitioner-Appellee. No. 95-35192. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 12, 1996. Submission Vacated Jan. 19, 1996. Resubmitted May 6, 1996. Decided May 8, 1996. Before: BROWNING and CANBY, Circuit Judges, and REA, * District Judge. MEMORANDUM ** We conclude the criminal conviction was not barred by the prior judgment for forfeiture and therefore reverse the order vacating the judgment and sentence and dismissing the indictment and remand for further proceedings. The forfeiture proceeding was based solely upon alleged use of the property to commit or facilitate the commission of offenses in violation of 21 U.S.C. § 841 . The complaint for forfeiture and the judgment for forfeiture expressly so allege. Whittlesey pled guilty only to conspiracy to manufacture marijuana in violation of 21 U.S.C.…