United States v. Ursery 1996

AuthorDaniel Brannen, Richard Hanes, Elizabeth Shaw
Pages334-339

Page 334

Petitioner: United States

Respondent: Guy Ursery

Petitioner's Claim: That convicting Ursery for growing marijuana and then taking the house in which he grew the marijuana did not violate the Double Jeopardy Clause 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, Antonin Scalia, David H. Souter, Clarence Thomas

Justices Dissenting: John Paul Stevens

Date of Decision: June 24, 1996

Decision: The Supreme Court affirmed Ursery's conviction and approved the forfeiture proceeding against his house.

Significance: On one level, Ursery said a civil forfeiture that is not punitive does not raise Double Jeopardy concerns. On another level, the case indicated the Supreme Court would give Congress as much power as possible to fight the war on drugs.

Page 335

Guy Ursery grew marijuana in his home in Flint, Michigan. Marijuana is an illegal drug that people smoke to get "high." Ursery grew the marijuana for himself and his family and friends. He worked as an autoworker, however, not a drug dealer.

Double Trouble

Based on a tip from Ursery's former girlfriend, Michigan police raided Ursery's home and found marijuana seeds, stems, stalks, and a light for growing the plants. Under federal law, the government is allowed to take away personal property that is used to make illegal drugs. This is called forfeiture because it makes a person forfeit his property. The federal government began a forfeiture proceeding against Ursery's home. Ursery eventually settled the case by paying the government $13,250.

Federal law also makes it a crime to make illegal drugs. Before the forfeiture proceeding was over, the United States charged Ursery with

People are often caught and prosecuted for growing marijuana, an illegal drug, on thier property. Reproduced by permission of AP/Wide World Photos.

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violating the law by growing marijuana. A jury found Ursery guilty and the judge sentenced him to five years and three months in prison.

The Double Jeopardy Clause of the Fifth Amendment says no person "shall . . . be twice put in jeopardy of life and limb" for the same crime...

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