United States v. 400 Wrenco Loop Road

87 F.3d 1323 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. 400 WRENCO LOOP ROAD, SANDPOINT, BONNER COUNTY ID, and any and all appurtenances and improvements thereto aka J Lazy S Ranch; Max Leroy Singleton, Defendants-Appellees. No. 95-35701. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1996. Decided June 18, 1996. Before: BROWNING, WRIGHT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 The government appeals an order granting Singleton's motion for relief from judgment under Federal Rule of Civil Procedure 60(b). The government argues that the district court erred in holding that under United States v. $405,089.23, 33 F.3d 1210 (9th Cir.1994), Singleton's civil forfeiture violated the Double Jeopardy Clause. We reverse. 3 Civil judicial forfeiture based on the same offenses for which the defendant was punished in a prior criminal prosecution violates the Double Jeopardy Clause. United…