UNITED STATES V. URSERY
116 S.Ct. 2134 (1996)
NATURE OF THE CASE: This is an appeal from the reversal of forfeiture proceedings and
convictions for conspiracy.
FACTS: Two cases are combined as one. In the first case, the United States (P) instituted
civil forfeiture proceedings against Usery's (D) house because he had been growing marijuana
there. D paid P $13,250 to settle this claim. D was then indicted for manufacturing
marijuana, and he was sentenced to 63 months in prison. The Court of Appeals reversed,
holding that the conviction violated the 5th Amendment's Double Jeopardy Clause. In the
second case, Arlt and Wren (D) were convicted of several counts of conspiracy. However,
before the trial, P had filed a civil in rem complaint against various property of D. After
the criminal trial, the District Court granted P's motion for summary judgment in the
forfeiture proceeding. D appealed, and the Court of Appeals reversed, holding that the
forfeiture violated the Double Jeopardy Clause. P appealed in both cases.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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