United States v. Villareal

875 F. Supp. 1437, 1995 WL 79923

Opinion

875 F.Supp. 1437 (1995)

UNITED STATES of America, Plaintiff,
v.
Abelardo VILLAREAL, Defendant.

No. CR 93-286-JO, Civ. No. 94-1540-JO.

United States District Court, D. Oregon.

January 27, 1995.

ORDER

ROBERT E. JONES, District Judge:

The court has received defendant's motion to vacate the sentence with supporting memorandum.

The defendant's motion is denied. This court has recently ruled that a federal criminal conviction that precedes a judgment of forfeiture is not subject to challenge on double jeopardy grounds. See United States v. Martin Hobart Stanwood, 872 F.Supp. 791 (D.Or.1994) (copy attached). In this case, defendant entered a guilty plea to the criminal charges on April 13, 1994. His interest in the seized property was terminated by a judgment of forfeiture dated July 8, 1994. Under these circumstances, the criminal conviction does not constitute double jeopardy.

IT IS SO ORDERED.