United States v. Brian Brophil

The United States appeals from a final judgment of the United States District Court for the District of Vermont, Franklin S. Billings, Jr., Judge, vacating on double jeopardy grounds a judgment that convicted defendant Brian Brophil of the manufacture of marijuana in violation of 21 U.S.C. § 841(a)(1) (1994), and dismissing the indictment against him. The conviction, entered after Brophil’s plea of guilty, followed the government’s successful completion of a civil forfeiture action against Brophil’s property pursuant to 21 U.S.C. § 881(a)(7) (1994) on the ground that the property had been…