Legal Opinion

United States v. Ailemen

District Court, N.D. California

Decided March 24, 1995No. CR-94-0003 VRWPublishedCited by 7 opinions

1Opinion of the Court

REPORT AND RECOMMENDATION RE MOTION BY DEFENDANT AILEMEN TO DISMISS ON GROUNDS OF DOUBLE JEOPARDY *

BRAZIL, United States Magistrate Judge.

INTRODUCTION

Given the holding by the Court of Appeals for the Ninth Circuit in United States v. $^05,089.23 U.S. Currency (referred to hereafter as Arlt, the surname of the lead defendant), 33 F.3d 1210 (9th Cir.1994), and the findings of fact made in the next section, I need address in depth only two issues to rule on defendant’s motion to dismiss based on the Double Jeopardy Clause of the Fifth Amendment. These two issues are: (1) whether defendant’s…

2Cases cited21 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. United States v. DixonSupreme Court of the United States · 1993
  3. United States v. HalperSupreme Court of the United States · 1989
  4. United States v. ScottSupreme Court of the United States · 1978
  5. Grady v. CorbinSupreme Court of the United States · 1990

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3Cited by7 opinions

  1. United States v. $184,505.01 in U.S. Currency Reginald D. McGlory Claimant-Appellant, United States of America v. $14,548.50 in U.S. Currency Reginald D. McGlory Claimant-Appellant, United States of America v. One Marble Indian Statue, One Replica Remington Rattlesnake Statue, Reginald D. McGlory Claimant-AppellantCourt of Appeals for the Third Circuit · 1995
  2. United States v. Daniel Curtis GermanCourt of Appeals for the Tenth Circuit · 1996
  3. United States v. BrophilDistrict Court, D. Vermont · 1995
  4. Gainer v. United StatesDistrict Court, D. Kansas · 1995
  5. United States v. $184,505.01 in U.S. CurrencyCourt of Appeals for the Third Circuit · 1995

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