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