# United States v. Jesus Reyes Mendoza

> Court of Appeals for the Fifth Circuit · January 12, 1973 · 473 F.2d 692

URL: https://www.frixlaw.com/law-library/cases/9459169

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Jesus Reyes MENDOZA Et Al., Defendants-Appellants
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** January 12, 1973
- **Citations:** 473 F.2d 692
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Gewin, Thornberry, Clark
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9459169

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9459169. Public record. Not legal advice.