Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. Joel CRETACCI, Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided August 4, 1995No. 94-10235PublishedCited by 83 opinions
1Opinion of the Court
Opinion by Judge REINHARDT; concurrence by Judge KLEINFELD.
REINHARDT, Circuit Judge:
We have recently held that some civil forfeitures constitute “punishment” for purposes of the Double Jeopardy Clause. See United *309States v. $405,089.23 U.S. Currency, 33 F.3d 1210 (9th Cir.1994), amended on denial of reh’g, 56 F.3d 41 (1995). This appeal requires us to determine a related question: whether the administrative forfeiture of unclaimed property constitutes “punishment”? We hold that it does not, and thus that a criminal prosecution following an administrative forfeiture of such property does not…
2Cases cited12 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
- United States v. $405,089.23 U.S. Currency, Charles Arlt James Wren Payback Mines, Claimants-AppellantsCourt of Appeals for the Ninth Circuit · 1994
- United States v. Miguel Angel Flores-PayonCourt of Appeals for the Ninth Circuit · 1991
- United States v. Renato TorresCourt of Appeals for the Seventh Circuit · 1994
7 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- United States v. PlunkCourt of Appeals for the Ninth Circuit · 1998
- United States v. SchinnellCourt of Appeals for the Fifth Circuit · 1996
- United States v. BranhamCourt of Appeals for the Sixth Circuit · 1996
- United States v. John SardoneCourt of Appeals for the Ninth Circuit · 1996
- United States v. Silvano SalinasCourt of Appeals for the Sixth Circuit · 1995
78 more not listed; retrieve them via the Exa API.