United States of America, Plaintiff-appellee, v. Phillip Marsh; Marlene Marsh, Defendants-appellants, 73 F.3d 371 (9th Cir. 1995)Annotate this Case
Submitted Dec. 19, 1995. *Decided Dec. 27, 1995
Before: SNEED, TROTT and HAWKINS, Circuit Judges.
Phillip and Marlene Marsh interlocutorily appeal the district court's denial of their motion to dismiss the criminal indictment against them on double jeopardy grounds. We have jurisdiction, United States v. Chick, 61 F.3d 682, 684-86 (9th Cir. 1995), and we affirm.
The Marshes contend that the criminal indictment violates the Double Jeopardy Clause because they were also subjected to punishment for the same conduct through the Internal Revenue Service's non-final contested administrative forfeiture proceedings. This contention is foreclosed by United States v. Sanchez-Cobarruvias, 65 F.3d 781, 783-84 (9th Cir. 1995), in which we held that there must be a final decision in a civil administrative forfeiture proceeding before double jeopardy attaches. Accordingly, the district court's order is