United States v. Frank L. Baird

OPINION OF THE COURT

LEWIS, Circuit Judge.

In this appeal, the appellant, Frank L. Baird (“Baird”), seeks dismissal on double jeopardy grounds of a superseding indictment charging him with violations of federal criminal law. He argues that as a result of a prior administrative forfeiture of monies seized from his residence, he has already been once “punished” for the offenses alleged in the indictment. A subsequent criminal prosecution would, he argues, run afoul of the Double Jeopardy Clause.

To assess the merits of Baird’s unusual double jeopardy argument, we must determine whether Baird was…