United States v. Martin

930 F. Supp. 314, 1996 U.S. Dist. LEXIS 4391, 1996 WL 166943
CourtDistrict Court, N.D. Illinois
DecidedApril 4, 1996
DocketNo. 95 C 5303
StatusPublished
Cited by1 cases

This text of 930 F. Supp. 314 (United States v. Martin) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Martin, 930 F. Supp. 314, 1996 U.S. Dist. LEXIS 4391, 1996 WL 166943 (N.D. Ill. 1996).

Opinion

MEMORANDUM OPINION, AND ORDER

ASPEN, Chief Judge:

■ In June 1992, a jury found Defendant Larry Martin guilty of conspiring to possess narcotics with the intent tó distribute, 21 U.S.C. § 846. Martin now moves pro se under 28 U.S.C. § 2255 to vacate his conviction and sentence, arguing that a civil forfeiture default judgment entered against his house imposed punishment upon him under the Double Jeopardy Clause and thus barred his criminal conviction. For the reasons set forth below, we deny the motion.

I. Background

On June 13, 1991, Martin was charged in one count of a multi-count, multi-defendant indictment, assigned case number 91 CR 463. Also on that day, the government filed a verified complaint against a house located at 1116A West 87th Street in Chicago, seeking forfeiture under 21 U.S.C. § 881. Govt.’s Resp., Ex. I, Verified Compl. ¶ 1. Specifically, the forfeiture complaint asserted that Martin used the property to facilitate possession of cocaine with the intent to deliver, and thus was forfeitable under 21 ' U.S.C. § 881(a)(7). Verified Compl. ¶¶6-9. Furthermore, the complaint alleged, Martin had purchased the house with $45,000 in cash, which Martin obtained as proceeds from illegal drug transactions; thus, the house was also forfeitable under § 881(a)(6). Verified Compl. ¶¶ 10-12. The civil forfeiture was designated case number 91 CV 3694, and was assigned to District Judge Parsons.

Eventually, on May 8,1992, Judge Parsons granted the government’s motion for default judgment and decree of forfeiture. No one had filed a claim for the property, although Martin asserts that he never received notice of the forfeiture proceeding. Meanwhile, the defendant’s criminal trial began, significantly, prior to the entry of default judgment; in April 1992, the jury in the criminal trial was empaneled. On June 1, 1992, the jury returned the guilty verdict for conspiracy. In 1995, the Seventh Circuit affirmed. United States v. Willis, 49 F.3d 1271 (7th Cir.), cert. denied, — U.S. -, 116 S.Ct. 136, 133 L.Ed.2d 84 (1995).

Presently before this court is the defendant’s motion to vacate his conviction and sentence under 28 U.S.C. § 2255. We address his arguments in turn, first explaining why § 2255 is an improper vehicle by which to challenge the default judgment, and then discussing why his double jeopardy claim fails.

II. Discussion

A. Challenging the Default Judgment

Martin first directs our attention to an asserted due process violation in the civil forfeiture proceeding. Def.’s Br. at 3-4. According to. the defendant, he never received notice of the forfeiture proceeding, and was denied a meaningful opportunity to be heard. Although the government points out that Martin evaded arrest on the criminal indictment issued in June 1991, and concomitantly evaded service on the warrant of seizure issued in the forfeiture proceeding, Martin still seeks to challenge the default judgment via this § 2255 motion.

However, § 2255 is an improper means for challenging the civil forfeiture. Section 2255 provides in pertinent part:

A prisoner in custody under sentence ... claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

[316]*316Although Martin is “in custody under sentence” for a federal conviction, § 2255 only authorizes motions to overturn or correct the “sentence.” To the extent that Martin challenges the default judgment, he does not challenge a “sentence” under § 2255, but rather a judgment in a civil case. Although “civil” sanctions may constitute, in some circumstances, “punishment” for purposes of the Double Jeopardy Clause, e.g., United States v. Halper, 490 U.S. 435, 446-47, 109 S.Ct. 1892, 1900-01, 104 L.Ed.2d 487 (1989), the judgment in a civil forfeiture proceeding does not fit within the plain meaning of the term “sentence.” In addition, the statutes setting forth the federal sentencing scheme consistently refer to “sentences” as imposed upon persons found “guilty” for “offense[s],” “criminal conduct,” and “crimes,” and direct courts to follow the sentencing guidelines, which address criminal convictions. 18 U.S.C. §§ 3551, 3553. Accordingly, Martin cannot present a challenge to the default judgment through this § 2255 motion. Accord Dawkins v. United States, 883 F.Supp. 83, 85 (E.D.Va.), aff'd, 67 F.3d 297 (4th Cir.1995) (unpublished opinion); United States v. Pearson, 891 F.Supp. 549, 550 (D.Or.1995); United States v. Jones, Nos. 95 C 2907, 92 CR 427,1995 WL 443929, at *6 (N.D.Ilh July 24,1995).1

B. Double Jeopardy

Vacating the default judgment is not, however, the primary relief sought by Martin. Instead, the defendant mainly seeks to vacate the sentence imposed for the conspiracy conviction by arguing that, under the Double Jeopardy Clause, the criminal proceeding placed him twice in jeopardy because the civil forfeiture constituted a prior jeopardy. Although the government offers a multitude of reasons for rejecting the double jeopardy argument, we need not discuss them all in order to explain the fatal defects in Martin’s claim.2

First, the forfeiture proceeding never placed the defendant in “jeopardy.” In United States v. Torres, 28 F.3d 1463, 1465 (7th Cir.), cert. denied, — U.S. -, 115 S.Ct. 669, 130 L.Ed.2d 603 (1994), the Seventh Circuit held that where a defendant was not at risk in a forfeiture proceeding, the defendant was not placed in jeopardy. Accord United States v. $184,505.01 in U.S. Currency, 72 F.3d 1160, 1167-68 (3d Cir.1995); United States v. Arreola-Ramos, 60 F.3d 188, 192-93 (5th Cir.1995). The defendant in Torres did not make a claim to the property at issue, never became a party to the forfeiture proceeding, and thus bore no risk of a determination of guilt. 28 F.3d at 1465. Similarly, Martin never filed a claim, did not become a party to the forfeiture proceeding, and thus was never in jeopardy.3 Accordingly, we conclude that the criminal proceeding was the defendant’s first, not second, jeopardy.

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Related

Larry A. Martin v. United States
108 F.3d 1379 (Seventh Circuit, 1997)

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Bluebook (online)
930 F. Supp. 314, 1996 U.S. Dist. LEXIS 4391, 1996 WL 166943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-martin-ilnd-1996.