Legal Opinion

Cole v. United States Department of Agriculture

Court of Appeals for the Eleventh Circuit

Decided January 21, 1998No. 96-9069PublishedCited by 25 opinions

1Per curiam

Defendants-Appellants United States Department of Agriculture and Agricultural Stabilization and Conservation Service (“USDA”) appeal from a grant of summary judgment. The district court granted Plaintiff-Appellee Graham L. Cole summary judgment on his claims that a civil penalty assessed against him violates both the Double Jeopardy Clause and the Excessive Fines Clause.

I. Facts and Procedural History

Cole is a tobacco dealer. He instituted this action to challenge an administrative penalty for marketing tobacco in excess of marketing quotas established by the Secretary of Agriculture.…

2Cases cited14 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. United States v. DixonSupreme Court of the United States · 1993
  3. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  4. United States v. HalperSupreme Court of the United States · 1989
  5. Austin v. United StatesSupreme Court of the United States · 1993

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3Cited by25 opinions

  1. Jeff Armstrong v. Turner Industries, Inc.Court of Appeals for the Fifth Circuit · 1998
  2. Thomas F. Worthy v. The City of Phenix City, AlabamaCourt of Appeals for the Eleventh Circuit · 2019
  3. United States v. MayesCourt of Appeals for the Eleventh Circuit · 1998
  4. United States v. Demetrius Sharron DavisCourt of Appeals for the Eleventh Circuit · 2017
  5. United States v. SmithCourt of Appeals for the Eleventh Circuit · 2008

20 more not listed; retrieve them via the Exa API.

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