United States v. Juli Meli Sailele

89 F.3d 847 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juli Meli SAILELE, Defendant-Appellant. No. 95-10306. United States Court of Appeals, Ninth Circuit. Submitted March 14, 1996. * Decided May 1, 1996. 1 Before: HALL and BRUNETTI, Circuit Judges, and WEINER, ** District Judge. 2 MEMORANDUM *** 3 Juli Meli Sailele appeals the district court's denial of her motion to dismiss the indictment. Sailele, relying on United States v. $405,089.23 U.S. Currency, 33 F.3d 1210 (9th Cir.1994), amended on denial of reh'g, 56 F.3d 41 (1995), cert. granted, S.Ct., 1996 WL 12801 (Jan. 12, 1996), contends that the Double Jeopardy Clause precludes her criminal prosecution because the government had previously forfeited $10,000 of her money in administrative forfeiture proceedings. We have jurisdiction over this interlocutory appeal pursuant to 28 U.S.C. § 1291 and the collateral order exception to the final judgment rule. Abney v.…