Is a plaintiff's claim that his conviction and sentence violated the Double Jeopardy Clause in light of the civil forfeiture of his automobile is foreclosed?

MultiRegion, United States of America

The following excerpt is from U.S. v. Grisales, 116 F.3d 486 (9th Cir. 1997):

Grisales' claim that his conviction and sentence violated the Double Jeopardy Clause in light of the civil forfeiture of his automobile is foreclosed by United States v. Ursery, 116 S.Ct. 2135 (1996). Grisales' claim of inadequate notice during the forfeiture proceedings is not cognizable under 2255, which confers jurisdiction only over challenges to one's conviction or sentence. 1

Other Questions


Does a criminal conviction violate the Double Jeopardy Clause in civil forfeiture proceedings? (MultiRegion, United States of America)
Does the Double Jeopardy Clause apply to the sentencing of a defendant who has been convicted of a similar crime? (MultiRegion, United States of America)
Does the Double Jeopardy Clause preclude the Government from retrying a defendant whose conviction was set aside because of an error in the proceedings leading to the conviction? (MultiRegion, United States of America)
Does the Double Jeopardy Clause prevent a defendant from being resentenced on two criminal convictions after a third conviction has been overturned on appeal? (MultiRegion, United States of America)
Does the double jeopardy clause apply to sentencing when the sentence is appealed? (MultiRegion, United States of America)
Does the admission of prior convictions at trial violate the double jeopardy clause? (MultiRegion, United States of America)
What is the test for double jeopardy under the double jeopardy clause? (MultiRegion, United States of America)
Can a defendant argue for the first time on appeal that the dual sovereign exception to the double jeopardy clause does not apply because the forfeiture was a federal forfeiture? (MultiRegion, United States of America)
What is the effect of the Double Jeopardy Clause on the sentencing of a defendant who is convicted of a felony murder? (MultiRegion, United States of America)
Is there any argument that a conviction for armed robbery violates the Double Jeopardy Clause of the Constitution? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.