U.S. Court of Appeals for the First Circuit, 1996

United States v. 154 Manley Road

U.S. Court of Appeals for the First Circuit · Decided July 30, 1996 · Selya, Cyr, Boudin

91 F.3d 1; 1996 U.S. App. LEXIS 18726; 1996 WL 415872 (Federal Reporter, Third Series)

Counsel

Sheldon Whitehouse, United States Attorney, and Michael P. Iannotti, Assistant United States Attorney, for appellant United States of America., Ernest Barone, North Providence, RI, for appellees.

Cases that cite this one

1 later published case cites this decision.

United States v. One Parcel of Real Property With Buildings (District Court, D. Rhode Island 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The government appeals from a decision of the district court dismissing its civil forfeiture claim as violative of the Double Jeopardy Clause of the Fifth Amendment. United States v. 154 Manley Rd., 908 F.Supp. 1070, 1083 (D.R.I. 1995). The parties agree, and we are likewise persuaded, that the judgment below must be vacated in light of the Supreme Court’s recent decision in United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996) (holding that in rem civil forfeitures under 21 U.S.C. § 881(a)(7) are neither “punishment” nor criminal for purposes of the Double Jeopardy Clause), and the case remanded for further proceedings. See Loc.R. 27.1.

Vacated and remanded.

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