96 Cal. Daily Op. Serv. 5683, 96 Daily Journal D.A.R. 9323

91 F.3d 1204 96 Cal. Daily Op. Serv. 5683 , 96 Daily Journal D.A.R. 9323 UNITED STATES of America, Plaintiff-Appellee, v. ONE 1978 PIPER CHEROKEE AIRCRAFT, Tail No. N 5538V, Including its Tools and Appurtenances, Defendant, Perry A. McCullough, Claimant-Appellant. No. 92-15350. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 16, 1994. Decided Sept. 30, 1994. Opinion Withdrawn Aug. 1, 1996. Decided Aug. 1, 1996. Thomas E. Flynn, Assistant United States Attorney, Sacramento, California, for plaintiff-appellee. Richard F. Cornell, Reno, Nevada, for claimant-appellant. Appeal from the United States District Court for the Eastern District of California, Edward J. Garcia, District Judge, Presiding. D.C. No. CV-89-01750-EJG. Before: POOLE, CANBY, Jr., and RYMER, Circuit Judges. ORDER 1 Our earlier decision in this case was filed on September 30, 1994. United States v. One 1978 Piper Cherokee Aircraft, 37 F.3d 489 (9th Cir.1994). Part VI of that opinion held that, unless the forfeiture of the airplane under 21 U.S.C. § 881 could be predicated on conduct other than that for which claimant McCullough had already been prosecuted, the forfeiture violated the…