United States v. Victor Essil Quinn, 95 F.3d 8 (8th Cir. 1996). · Go Syfert
United States v. Victor Essil Quinn, 95 F.3d 8 (8th Cir. 1996). Cases Citing This Book View Copy Cite
106 citation events (92 in the last 25 years) across 2 distinct courts.
Strongest positive: Evans v. Taco Bell Corp. (nhd, 2005-06-30)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Evans v. Taco Bell Corp.
D.N.H. · 2005 · signal: see · confidence high
See Ayala-Gerena, 95 F.3d at 92-93 (upholding denial of 56(f) relief where, inter alia, applicant did not serve request for production of documents until two weeks before discovery cutoff).
discussed Cited "see" Graham v. Corrections
D.N.H. · 2005 · signal: see · confidence high
See Ayala- Gerena, 95 F.3d at 94 (requiring the party opposing a motion for summary judgment to come forward with some evidence to prove the existence of a material fact after its existence has been called into question by the moving party).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Victor Essil QUINN, Appellant
96-1673NI.
Court of Appeals for the Eighth Circuit.
Oct 3, 1996.
95 F.3d 8
Paul Papak, Cedar Rapids, LA, for appellant., Thomas G. Lininger, Asst. U.S. Atty., Cedar Rapids, LA, for appellee.
Arnold, Gibson, Ross.
Cited by 96 opinions  |  Published
RICHARD S. ARNOLD, Chief Judge.

Victor Essil Quinn was convicted after a trial of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1), 841(b)(1)(B), and being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). The Guideline range for his sentence was 262 months to 327 months, but the District Court departed below the Guidelines on account of an extraordinary physical impairment, see USSG § 5H1.4, and sentenced Quirni to ten years’ imprisonment on both counts, the terms to run concurrently. (Defendant has a serious kidney disorder and may need a transplant.) Quinn appeals, arguing that the prosecution was barred by the Double Jeopardy Clause of the Fifth Amendment.

Quinn’s double-jeopardy argument is based on the fact that the State of Iowa had previously forfeited, in a proceeding characterized as civil under state law, certain personal property, including $2,620 in cash, a scale, some baggies, and a few other small items. The District Court [1] rejected this argument on two independent grounds: the Double Jeopardy Clause does not bar successive prosecutions by different sovereigns, and Quinn was never placed in jeopardy in the state forfeiture proceeding, since he did not contest it. On appeal, Quinn argues that the state forfeiture proceeding was dominated[*9] and controlled by the United States, thus qualifying him for an exception to the dual-sovereignty doctrine, see Bartkus v. Illinois, 359 U.S. 121, 79 S.Ct. 676, 3 L.Ed.2d 684 (1959), and that, because he became a party to the state-court forfeiture proceeding by signing a stipulation to settle it, he does meet the requirement of former jeopardy.

The District Court appears to have been right with respect to both of its holdings, but we need not pursue the matter further than to cite the Supreme Court’s recent opinion in United States v. Ursery, — U.S. -, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996). Ursery holds that civil forfeiture proceedings are not, in the absence of extraordinary circumstances, punitive for double-jeopardy purposes. We see nothing in the present case to take it out of the general rule announced in Ursery. We observe, in addition, that even apart from Ursery, most of the items forfeited in the state proceeding were either proceeds or tools of Quinn’s drug-trafficking offense. The proceeding to forfeit them would therefore, in any event, even before the decision in Ursery, have been considered remedial rather than punitive.

Affirmed.

1

. The Hon. Michael J. Melloy, Chief Judge, United States District Court for the Northern District of Iowa.