tracking language of 21 U.S.C. § 841(a)(1) held sufficient
How later courts described this case
- tracking language of 21 U.S.C. § 841(a)(1) held sufficient
- coconspirator exception applicable to criminal prosecutions and not limited to prosecutions for conspiracy
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING
Before GEWIN, THORNBERRY and CLARK, Circuit Judges.
PER CURIAM:
On petition for rehearing it is contended that the recent decision of the Supreme Court in One Lot Emerald Cut Stones v. United States, 409 U.S. 232 , 93 S.Ct. 489 , 34 L.Ed. 438 (1972) provides support for the position that the automobile forfeiture action placed the appellants in jeopardy of criminal punishment and thus, this criminal proceeding was barred by the double jeopardy provision of the fifth amendment. We find no support in Emerald Stones for that contention; rather, the case is strong authority that such a forfeiture constitutes a civil remedy rather than a criminal penalty. We adhere to our original opinion.
The petition for rehearing is denied.