United States v. John Sardone

O’SCANNLAIN, Circuit Judge:

We are asked to decide whether there is any viable double jeopardy defense based on a prior civil forfeiture of property representing the proceeds of drug transactions.

I

In May 1993, a secret indictment was returned against appellant John Sardone charging him with conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. A search warrant was executed on Sardone’s home, and he was arrested. During the search, law enforcement officers seized a 1989 Ford F150 truck, a 1991 Suzuki Intruder motorcycle, and $5,000 in cash.

In separate form…