Legal Opinion

United States v. Arreola-Ramos

Court of Appeals for the Fifth Circuit

Decided July 20, 1995No. 94-10967PublishedCited by 61 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Defendant-Appellant Omar Arreola-Ra-mos (Arreola) faces a criminal drug trial. With this interlocutory appeal, he seeks to bar that trial on double jeopardy grounds. Although a non-party to a civil forfeiture proceeding, Arreola here asserts that the forfeited funds (Funds) were his; that he received no notice of the forfeiture; that the forfeiture of the Funds violates his due process rights; and that forfeiture of the Funds in his absence therefore constitutes former jeopardy. As a result, he argues, his pending indictment — arising as it does out of the same alleged…

2Cases cited18 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Abney v. United StatesSupreme Court of the United States · 1977
  4. United States v. HalperSupreme Court of the United States · 1989
  5. Serfass v. United StatesSupreme Court of the United States · 1975

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3Cited by61 opinions

  1. United States v. Diana Gonzales Buchanan, Fedell Anderson, Vernon Bonner, and John BuchananCourt of Appeals for the Fifth Circuit · 1996
  2. United States v. Brigido Marmolejo, Jr. And Mario SalinasCourt of Appeals for the Fifth Circuit · 1996
  3. United States v. Rafael Alvarez PenaCourt of Appeals for the Eighth Circuit · 1995
  4. United States v. SchinnellCourt of Appeals for the Fifth Circuit · 1996
  5. 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

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