United States of America, Plaintiff-appellee, v. Gary Dugger, Defendant-appellant, 91 F.3d 155 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 91 F.3d 155 (9th Cir. 1996) Submitted July 9, 1996. *Decided July 15, 1996

Before: HUG, Chief Judge, and SCHROEDER and POOLE, Circuit Judges.

MEMORANDUM** 

The United States appeals interlocutorily the district court's order dismissing the indictment charging Gary Wesley Dugger with conspiracy to distribute LSD and distribution of LSD. The district court dismissed the indictment as a violation of the Double Jeopardy Clause based on the prior administrative forfeiture of Dugger's property.

In light of United States v. Ursery, No. 95-345, 1996 WL 340815 (U.S. June 24, 1996), we vacate the dismissal of the indictment and remand for further proceedings.

VACATED and REMANDED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate 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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