United States v. James Norman Bratton

91 F.3d 155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Norman BRATTON, Defendant-Appellant. No. 95-30280. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1996. * Decided July 10, 1996. 1 Before: GOODWIN and BRUNETTI, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM *** 3 James Norman Bratton appeals the district court's denial of his motion to dismiss the indictment. Bratton contends that the Double Jeopardy Clause precludes his criminal prosecution because the state of Oregon had previously forfeited property in state civil 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. United States, 431 U.S. 651, 659 (1977). We affirm. 4 "[I]n rem civil forfeitures are neither 'punishment' nor criminal for purposes of the Double Jeopardy Clause." United States v.…