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John Lee Ivy v. United States, 95-2924 (1996)

Court: Court of Appeals for the Eighth Circuit Number: 95-2924 Visitors: 30
Filed: Apr. 12, 1996
Latest Update: Mar. 02, 2020
Summary: _ No. 95-2924 _ John Lee Ivy, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. United States of America, * * [UNPUBLISHED] Appellee. * _ Submitted: April 3, 1996 Filed: April 12, 1996 _ Before FAGG, BOWMAN, and HANSEN, Circuit Judges. _ PER CURIAM. John Lee Ivy appeals the District Court's1 denial of his 28 U.S.C. § 2255 motion, in which he argued that his criminal conviction constituted double jeopardy because of a previous civil forfe
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                                    ___________

                                    No. 95-2924
                                    ___________

John Lee Ivy,                            *
                                         *
              Appellant,                 *
                                         *   Appeal from the United States
     v.                                  *   District Court for the
                                         *   Eastern District of Missouri.
United States of America,                *
                                         *           [UNPUBLISHED]
              Appellee.                  *


                                    ___________

                     Submitted:     April 3, 1996

                           Filed:   April 12, 1996
                                    ___________

Before FAGG, BOWMAN, and HANSEN, Circuit Judges.
                               ___________

PER CURIAM.


     John Lee Ivy appeals the District Court's1 denial of his 28 U.S.C.
§ 2255 motion, in which he argued that his criminal conviction constituted
double jeopardy because of a previous civil forfeiture.      We affirm as the
motion, files, and records conclusively show Ivy was not entitled to
relief.   See United States v. Duke, 
50 F.3d 571
, 576 (8th Cir.) (standard
of review), cert. denied, 
116 S. Ct. 224
(1995); United States v. Sykes,
73 F.3d 772
, 773-74 (8th Cir. 1996) (defendant who did not contest civil
forfeiture was not party to forfeiture proceeding and therefore was not
placed in prior jeopardy); United States v. Clementi, 
70 F.3d 997
, 999-1000
& n.4 (8th Cir. 1995).




      1
       The Honorable Stephen N. Limbaugh, United States District
Judge for the Eastern District of Missouri.
A true copy.


     Attest:


           CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                            -2-

Source:  CourtListener

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