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U.S. v. ONE PARCEL OF REAL PROPERTY

Civ. A. No. 93-0511ML.

908 F.Supp. 1070 (1995)

UNITED STATES of America v. ONE PARCEL OF REAL PROPERTY WITH BUILDINGS, APPURTENANCES, AND IMPROVEMENTS, Known As 154 Manley Road, Located In The Town of Burrillville, Rhode Island.

United States District Court, D. Rhode Island.

December 5, 1995.

Attorney(s) appearing for the Case

Sheldon Whitehouse, Michael P. Iannotti, Office of the United States Attorney, Providence, RI, for Plaintiff.

Ernest J. Barone, North Providence, RI, for Defendant.

MEMORANDUM AND ORDER

LISI, District Judge.

This matter calls into question the constitutional boundaries on the government's authority to pursue civil forfeiture of an individual's property after having criminally prosecuted him, when both actions arise out of the same set of facts. The claimant contends that the government's pursuit of a civil forfeiture action, after it had already obtained a criminal conviction, is violative of the Double Jeopardy...

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