United States of America, Plaintiff-appellee, v. Chalor Putchongkarrat, Defendant-appellant, 70 F.3d 121 (9th Cir. 1995)

MEMORANDUM^** 

Chalor Putchongkarrat appeals interlocutorily the district court's denial of his motion to dismiss his criminal indictment on double jeopardy grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291, see United States v. Sanchez-Cobarruvias, --- F.3d ----, ----, No. 94-50581, slip. op. 11445, 11449 n. 2 (9th Cir. Sept. 12, 1995), and we affirm.

Putchongkarrat contends that the criminal charges should be dismissed because he has already been subjected to punishment for the same offenses through the government's "de facto" civil administrative forfeiture of currency, jewelry, personal items and various automobiles.

There is no dispute that the government is withholding final determination in the administrative forfeiture proceedings until the conclusion of Putchongkarrat's criminal trial. Thus, Putchongkarrat's contention is foreclosed by Sanchez-Cobarruvias, slip. op. at 11449, in which we held that there must be a final decision in a civil administrative forfeiture proceeding before double jeopardy attaches.

Putchongkarrat's contention that the administrative forfeiture proceedings are final given his failure to timely contest the seizures, and the mandatory language of 19 U.S.C. § 1609(a) is likewise foreclosed by Sanchez-Cobarruvias, slip. op. at 11452.¹ 

Accordingly, the district court's order is

AFFIRMED.