United States v. Patrick Sterling

87 F.3d 1325 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Patrick STERLING, Defendant-Appellant. No. 95-35152. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1996. * Decided June 21, 1996. 1 Before: BROWNING and T.G. NELSON, Circuit Judges, and SMITH, ** District Judge. 2 MEMORANDUM *** 3 The forfeiture proceeding against Sterling's property was converted from an administrative proceeding to a judicial proceeding after the DEA discovered his August 1989 letter. Thus, the earliest jeopardy could have attached was when Sterling filed his motion for summary judgment in response the complaint for forfeiture. United States v. Barton, 46 F.3d 51, 52 (9th Cir.1993) (earliest jeopardy can attach in judicial proceeding is when defendant files answer to forfeiture complaint). Because this motion was filed after Sterling was convicted and sentenced, the conviction and sentence are not subject to a double jeopardy…