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91 F.3d 1

Docket No. 96-1170.

United States v. One Parcel of Real Property with Buildings Appurtenances and Improvements Known As Manley Road Located in Town of Burrillville Rhode Island

United States Court of Appeals, First Circuit.

July 30, 1996.

2 counsel of record

Relies on United States v. Ursery · TPM Holdings, Inc. v. Intra-Gold Industries, Inc. · 908 F. Supp. 1070 - United States v. One Parcel of Real Property

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1996-07-30

How this case has been cited

Cited by 26 later decisions — most recently February 2022 · most notably United States v. Hector Leon-Delfis (2000), International Fidelity Insurance v. Sweet Little Mexico Corp. (2011)

1 federal appellate · 16 district · 2 state decisions

1201996200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Before SELYA, CYR and BOUDIN, Circuit Judges.

PER CURIAM.

¶1

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, --- U.S. ----, 116 S.Ct. 2135, 135 L.Ed.2d 549 (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.

¶2

Vacated and remanded.

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