United States of America, Plaintiff-appellee, v. Glenn Douglas Knight, Defendant-appellant, 67 F.3d 309 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 67 F.3d 309 (9th Cir. 1995) Submitted Sept. 18, 1995. *Decided Sept. 29, 1995

Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges.

MEMORANDUM^**

Glenn Douglas Knight appeals the district court's order denying his motion to dismiss the indictment against him on double jeopardy grounds. Knight was charged with conspiring to distribute methamphetamine and possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a) (1) and 846.

Knight contends that the Double Jeopardy clause prohibits his criminal prosecution, because jeopardy attached with the two uncontested administrative forfeitures of $12,256 seized upon his arrest in 1991 and the 1994 seizure of $20,644 in U.S. currency and $9,500 in traveler's checks found in his residence. Knight's claim of double jeopardy arising from an administrative forfeiture is foreclosed by this court's recent decision in United States v. Cretacci, 94-10235, slip op. 9565, 9573 (9th Cir. Aug. 4, 1995). Accordingly, the district court's order is

AFFIRMED.

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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