United States of America, Plaintiff-appellee, v. James Leroy Kemmish, Defendant-appellant, 66 F.3d 336 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 66 F.3d 336 (9th Cir. 1995) Argued and Submitted Aug. 7, 1995. Decided Sept. 12, 1995

Before: THOMPSON, LEAVY, and TROTT, Circuit Judges.


MEMORANDUM* 

James Leroy Kemmish appeals from the district court's denial of his motion to dismiss the indictment, arguing that a prior civil administrative forfeiture proceeding bars his subsequent criminal prosecution on double jeopardy grounds. Double jeopardy did not attach to the instant prosecution, because there was no finality to the prior civil forfeiture proceeding, see United States v. Sanchez-Cobarruvias, --- F.3d ----, ----, No. 94-50581, slip op. ----, ---- (9th Cir. Sept. 12, 1995), and Kemmish never filed a claim to any property in that proceeding, anyway. See United States v. Cretacci, --- F.3d ----, ----, No. 94-10235, slip op. 9565, 9568 (9th Cir. Aug. 4, 1995).

AFFIRMED.

 *

This disposition is not suitable for publication and may not be cited to or by the courts of this Circuit except as provided by 9th Cir.R. 36-3

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