Legal Opinion

United States v. Walsh

District Court, D. Arizona

Decided January 6, 1995No. CR 94-255 TUC RMBPublishedCited by 31 opinions

1Opinion of the Court

ORDER

BILBY, District Judge.

The Court is asked to decide whether a subsequent criminal sentence after a separate administrative civil forfeiture is barred by the Fifth Amendment Double Jeopardy Clause. Having considered the pleadings, oral argument and current case law, the Court holds that in this ease, it is not.

BACKGROUND

On February 7, a Drug Enforcement Administration (“DEA”) investigation resulted in Defendant Jeffrey Walsh’s arrest. The arrest was a joint effort by DEA and the Arizona Department of Public Safety (“DPS”) who found 21.45 pounds of marijuana a 1971 Chevrolet Blazer that…

2Cases cited7 opinions

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

2 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. United States v. Guy Jerome UrseryCourt of Appeals for the Sixth Circuit · 1995
  2. UNITED STATES of America, Plaintiff-Appellee, v. Joel CRETACCI, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
  3. United States v. Daniel Curtis GermanCourt of Appeals for the Tenth Circuit · 1996
  4. United States v. BrophilDistrict Court, D. Vermont · 1995
  5. Ramirez v. State, Texas Court of Appeals, 1st District (Houston)1995

26 more not listed; retrieve them via the Exa API.

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