Legal Opinion

United States v. Stanwood

District Court, D. Oregon

Decided December 16, 1994No. CR 91-279-JO. Civ. No. 94-1333-JOPublishedCited by 42 opinions

1Opinion of the Court

OPINION AND ORDER

ROBERT E. JONES, District Judge:

Defendant Martin Hobart Stanwood moves to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255, on the grounds that his criminal conviction was barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. I have heard oral argument, reviewed the record and considered the memoranda submitted by the parties. For the reasons stated below, I conclude that the motion must be denied.

PRELUDE

As an integral part of the “war on drugs,” civil forfeiture of property co-exists with criminal prosecutions…

2Cases cited22 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. United States v. HalperSupreme Court of the United States · 1989
  3. Austin v. United StatesSupreme Court of the United States · 1993
  4. United States v. BroceSupreme Court of the United States · 1989
  5. Menna v. New YorkSupreme Court of the United States · 1975

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

3Cited by42 opinions

  1. United States v. David Bruce McDermott IICourt of Appeals for the Tenth Circuit · 1995
  2. Ex Parte WardCourt of Criminal Appeals of Texas · 1998
  3. State v. WhitehornMontana Supreme Court · 2002
  4. United States v. BranumDistrict Court, D. Oregon · 1994
  5. United States v. SherrettDistrict Court, D. Oregon · 1995

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

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