United States v. Ursery

Petitioner

United States

Respondent

Guy Ursery

Petitioner's Claim

That "in rem" civil property forfeiture proceedings, combined with a prison sentence for "manufacturing" marijuana, did not constitute double jeopardy in violation of the Fifth Amendment.

Chief Lawyer for Petitioner

Drew S. Days III, U.S. Solicitor General

Chief Lawyers for Respondent

Lawrence Robbins, David Michael, Jeffry K. Finer

Justices for the Court

Stephen Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, David H. Souter, Clarence Thomas

Justices Dissenting

John Paul Stevens

Place

Washington, D.C.

Date of Decision

24 June 1996

Decision

That, according to a two-part test which found that the property forfeiture was civil and remedial, not criminal and punitive, the seizure of property did not constitute a "punishment" as such; hence, this was not a case of double jeopardy.

Sources

Carp, Robert A. Judicial Procedure in America. Washington, DC: CQ Press, 1998.

Sources

"Report on Cocaine and Federal Sentencing Policy." United States Sentencing Commission, http://www.ussc.gov.