United States v. 154 Manley Road

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

No. 96-1170

UNITED STATES OF AMERICA,

Plaintiff, Appellant,

v.

ONE PARCEL OF REAL PROPERTY WITH BUILDINGS, APPURTENANCES,
AND IMPROVEMENTS, KNOWN AS 154 MANLEY ROAD, LOCATED IN THE
TOWN OF BURRILLVILLE, RHODE ISLAND, ET AL.,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Mary M. Lisi, U.S. District Judge]

Before

Selya, Cyr and Boudin,
Circuit Judges.

Sheldon Whitehouse, United States Attorney, and Michael P.

Iannotti, Assistant United States Attorney, for appellant United

States of America.
Ernest Barone for appellees.

July 30, 1996

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, 116 S. Ct. 2134 (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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