United States of America, Plaintiff-appellee, v. William Edward Henry, Defendant-appellant, 66 F.3d 336 (9th Cir. 1995)
Annotate this CaseBefore: THOMPSON, LEAVY, and TROTT, Circuit Judges.
MEMORANDUM*
William Edward Henry appeals from the district court's denial of his motion to dismiss the superseding 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 Henry made no claim to property in the prior civil forfeiture proceeding, see United States v. Cretacci, --- F.3d ----, ----, No. 94-10235, slip op. 9565, 9568 (9th Cir. Aug. 4, 1995), and because there was no finality to that civil forfeiture proceeding, see United States v. Sanchez-Cobarruvias, --- F.3d ----, ----, No. 94-50581, slip op. ----, ---- (9th Cir. Sept. 12, 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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