United States v. Branum

OPINION AND ORDER

ROBERT E. JONES, District Judge:

Defendant Ronald Lynn Branum moves to dismiss the indictment against him and vacate his plea pursuant to Fed.R.Crim.Pro. 12(b)(2). Branum claims that this federal prosecution is barred by the Double Jeopardy Clause of the Fifth Amendment because of a prior state civil forfeiture pursued by Multnomah County in a separate proceeding.

BACKGROUND FACTS

I adopt the facts I found in the earlier suppression hearing based on Branum’s claim of illegal search and seizure. The facts are succinctly set out in the United States’ brief, as summarized below.

I.Br…