Fisher v. United States

MEMORANDUM AND ORDER

YOUNG, District Judge.

This petition for habeas corpus filed by Michael Fisher (“Fisher”) pursuant to 28 U.S.C. § 2255 presents the issue whether the administrative forfeiture of Fisher’s automobile premised upon his involvement in a drug trafficking scheme precludes his later criminal conviction and sentence for that same scheme as violative of the Double Jeopardy Clause of the Fifth Amendment.

I. BACKGROUND

Fisher was arrested on December 29,1989, pursuant to a criminal complaint issued by the United States District Court for the District of Massachusetts and, on January…