What is the test for dismissing criminal charges under the Double Jeopardy Clause?
MultiRegion, United States of America
The following excerpt is from U.S. v. Amaya, 67 F.3d 309 (9th Cir. 1995):
Palacios-Amaya contends that the criminal charges should be dismissed because he has already been subjected to punishment for the same offenses through the government's uncontested administrative forfeiture proceedings. This contention is foreclosed by United States v. Cretacci, No. 94-10235, slip op. 9565, 9571 (9th Cir. Aug. 4, 1995), in which we held that an administrative forfeiture of unclaimed property does not constitute punishment for purposes of the Double Jeopardy Clause.
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