Opinion
No. 96-1170
July 30, 1996
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.
Appeal from the United States District Court, District of Rhode Island [Hon. Mary M. Lisi, U.S. District Judge]
Before Selya, Cyr and Boudin, Circuit Judges.
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. §(s) 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.