United States v. Steven Harry Elliott

94 F.3d 653 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Steven Harry ELLIOTT, Defendant-Appellant. No. 94-30152. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 10, 1995. Submission Withdrawn Feb. 14, 1995. Resubmitted July 12, 1996. Decided Aug. 16, 1996. Before: WRIGHT, HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 Elliott appeals his conviction for maintaining a place for the manufacture, distribution or use of marijuana in violation of 21 U.S.C. § 856 . He contends that his criminal prosecution unconstitutionally subjected him to double jeopardy. He had previously forfeited his residence in a civil action based on his use of the residence to grow and store marijuana. He asserts that the civil forfeiture was punishment, citing this court's opinion in United States v. $405,089.23 United States Currency, 33 F.3d 1210 (9th Cir.1994). 3 Submission of the appeal was withdrawn pending…