96 Cal. Daily Op. Serv. 7920, 96 Daily Journal D.A.R. 13,163 United States of America v. Edward McClinton United States of America v. Thomas Sanders

Edward McClinton and Thomas Sanders were each charged with possession of small quantities of marijuana, which they had brought with them when they entered the United States. See 21 U.S.C. § 844 . Each had been assessed a civil penalty at entry when the marijuana was discovered after they had failed to present it. See 19 U.S.C. § 1459 . Each asserted that the Double Jeopardy Clause precluded a prosecution after imposition of the penalty. U.S. Const, amend. V. A magistrate judge accepted their argument and dismissed, but the district judge disagreed and reversed the magistrate judge’s determination. They appealed, and we affirm.

BACKGROUND

McClinton was stopped when he entered the United States at the port of entry at Blaine, Washington. He was sent to secondary inspection and a search revealed that he had 9.6 grams of marijuana. His failure to disclose that item resulted in his being assessed a civil penalty of $500, which the Customs Service imposes upon first time offenders. See 19 U.S.C. § 1459 ; Customs Directive No. 4410-010 (Zero Tolerance Guidelines and Procedures, Effective October 11,1989).

Sanders was sent to secondary inspection when he entered the United States at…