Legal Opinion

United States v. Lane

District Court, D. Maine

Decided June 29, 1995No. Crim. 95-01-BPublishedCited by 6 opinions

1Opinion of the Court

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

BRODY, District Judge.

Defendant, David Lane, has requested that the Court dismiss the criminal charges pending against him. He argues that allowing the Government to prosecute him on these charges would violate his rights under the Double Jeopardy Clause. Defendant contends that jeopardy previously attached as a result of three separate governmental actions: a state tax assessment; a civil forfeiture proceeding brought against certain of Defendant’s vehicles; and a seizure of other vehicles with no resulting forfeiture proceedings undertaken. The…

2Cases cited19 opinions

  1. United States v. HalperSupreme Court of the United States · 1989
  2. Austin v. United StatesSupreme Court of the United States · 1993
  3. Serfass v. United StatesSupreme Court of the United States · 1975
  4. Bartkus v. IllinoisSupreme Court of the United States · 1959
  5. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994

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3Cited by6 opinions

  1. United States v. Guzman RiveraCourt of Appeals for the First Circuit · 1996
  2. United States v. CarlosDistrict Court, D. Kansas · 1995
  3. United States v. One Parcel of Real PropertyDistrict Court, D. Rhode Island · 1995
  4. State v. ChristenSupreme Judicial Court of Maine · 1996
  5. Fisher v. United StatesDistrict Court, D. Massachusetts · 1996

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