What is the test for a motion to dismiss an indictment based on a violation of the Double Jeopardy Clause?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bailey, 72 F.3d 136 (9th Cir. 1995):
The sole question presented in this appeal is whether the district court erred in denying appellants' motion to dismiss their indictment based on a violation of the Double Jeopardy Clause of the United States Constitution. This court has held that a criminal prosecution following an administrative forfeiture of unclaimed property does not violate the Double Jeopardy Clause. See United States v. Cretacci, 62 F.3d 307 (9th Cir.1995).
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