US v. Stanwood, CR 91-279-JO. Civ. No. 94-1333-JO.
| Decision Date | 16 December 1994 |
| Docket Number | No. CR 91-279-JO. Civ. No. 94-1333-JO.,CR 91-279-JO. Civ. No. 94-1333-JO. |
| Citation | 872 F. Supp. 791 |
| Parties | UNITED STATES of America, Plaintiff, v. Martin Hobart STANWOOD, Defendant. |
| Court | U.S. District Court — District of Oregon |
Kristine Olson Rogers, U.S. Atty., D.Or. and Kenneth C. Bauman, Asst. U.S. Atty., U.S. Attorney's Office, Portland, OR, for the U.S.
Martin Hobart Stanwood, defendant pro se.
Defendant Martin Hobart Stanwood moves to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255, on the grounds that his criminal conviction was barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. I have heard oral argument, reviewed the record and considered the memoranda submitted by the parties. For the reasons stated below, I conclude that the motion must be denied.
As an integral part of the "war on drugs," civil forfeiture of property co-exists with criminal prosecutions throughout this district and virtually throughout the nation. In exercising its prosecutorial clout, the government seizes virtually every piece of personal and real property in any way tainted by illicit drug trafficking. Millions of dollars in property have been confiscated in an effort to cripple profiteers engaged in this ugly business. Often forfeiture reaches the assets of the giant drug lords so aptly described by Judge Jack Weinstein in United States v. All Funds on Deposit, 801 F.Supp. 984 (E.D.N.Y.1992), aff'd. sub nom., United States v. Daccarett, 6 F.3d 37 (2d Cir.1993), but it also touches otherwise law abiding small time entrepreneurs such as defendant first-time offender Stanwood in this case, whose two low-level marijuana grows cost him not only 78 months in federal prison without parole, but also his entire life savings invested in real and personal property.
Until very recently the government could wield its double-edge weapons of civil forfeiture and criminal prosecution with virtual impunity, when a series of appellate decisions blunted dramatically this almost routine dual assault.
These recent decisions discussed herein place before the court the challenging task of solving issues on the basis of recent interpretations of the law, as well as solving issues with no legal path to follow, but which matters of first impression potentially involve millions of dollars and the lives of dozens, if not hundreds of federal prisoners.
The underlying facts are not in dispute. I will summarize only the facts necessary to the determination of this motion.
In July of 1991, Stanwood was under investigation by law enforcement officers of the Drug Enforcement Administration (DEA) and the Regional Organized Crime and Narcotics (ROCN) Task Force for suspected cultivation and sale of marijuana. Based on the information derived from this investigation, on July 18, 1991, Judge Charles Guinasso of the District Court for Multnomah County, Oregon, issued state search warrants which included warrants to search the real property located at 136 N.E. 202nd Avenue, Gresham, Multnomah County, Oregon and the real property located at 39048 and 39060 East Knieriem Road, Corbett, Multnomah County, Oregon.
On July 19, 1991, federal and state law enforcement officers executed the search warrants. Stanwood and Theresa Jolean Lugar were found within the residence located at 136 N.E. 202nd Avenue, Gresham, Multnomah County, Oregon (hereinafter referred to as the Gresham property). Inside the Gresham residence the law enforcement officers found and seized approximately one-half pound of marijuana and paraphernalia used to package and distribute marijuana. Inside one of the buildings located at 39058 and 39060 East Knieriem Road, Corbett, Multnomah County, Oregon (hereinafter referred to as the Corbett property), the law enforcement officers found and seized approximately 259 marijuana plants which were in various stages of their growth cycle. Stanwood had an ownership interest in both of these pieces of real property.
The United States decided to prosecute Stanwood, and on August 18, 1991, the grand jury returned a two count indictment in the case entitled United States v. Martin Hobart Stanwood, et al., CR 91-279-JO. Both counts charged Stanwood with violations of federal drug laws. Stanwood was arrested on September 9, 1991, and released on conditions. On November 25, 1991, Stanwood entered a plea of guilty to Count One of the indictment, which charged him with the manufacture of marijuana, stating: "On or about July 19, 1991, at Corbett, Multnomah County, Oregon, in the District of Oregon, Martin Hobart Stanwood and Danny Claude Harris, Jr., defendants, herein, did knowingly and intentionally manufacture marijuana, a Schedule I Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1)." (Emphasis added.)
On March 6, 1992, Stanwood appeared before this court and was sentenced to a guideline sentence of 78 months in prison. Stanwood is currently serving this sentence, and is scheduled to be released on October 12, 1997.
On August 20, 1991, two days after the grand jury returned the indictment in the criminal case, the United States Attorney for the District of Oregon filed a civil in rem forfeiture complaint requesting the forfeiture of the Corbett property. On the same day the United States filed a second civil forfeiture complaint seeking the forfeiture of the Gresham property. Both complaints alleged that the defendant real property was subject to forfeiture under 21 U.S.C. § 881(a)(7) and 19 U.S.C. 1610 because it "was used or intended to be used to facilitate the commission of a violation of 21 U.S.C. § 801 et seq., punishable by more than one year's imprisonment." On August 20, 1991, United States District Court Judge Robert C. Belloni issued warrants of arrest for both pieces of real property. The United States Marshal Service executed the warrants on October 8, 1991.
Stanwood filed claims in both civil forfeiture actions on October 9, 1991. In December of 1991, a tentative settlement was reached with Stanwood regarding the civil forfeiture actions. A settlement agreement for the Corbett property was signed on February 10, 1992, and a settlement agreement for the Gresham property was signed on February 20, 1992. On February 20, 1992, the United States filed motions for default and final judgment of forfeiture in the two civil forfeiture cases. Each of these motions was supported by the applicable settlement agreement, as well as a declaration by counsel for the United States, and proposed order of default and final judgment of forfeiture.
On March 17, 1992, Judge Belloni signed the order of default and the final judgment of forfeiture in United States v. 136 N.E. 202nd Avenue, Gresham, Multnomah County, Oregon, CV 91-840-BE. The United States Marshal Service sold the Gresham property on February 22, 1993, for $54,500.00. After the tax lien and expenses were paid and rents credited, the net proceeds were $46,369.50. On March 30, 1992, Judge Belloni signed the order of default and the final judgment of forfeiture in United States v. 39058 and 39060 East Knieriem Road, Corbett, Multnomah County, Oregon, CV 91-841-BE. The United States Marshal Service sold the Corbett property on January 27, 1993, for $75,000.00. After the tax lien, expenses and other claimants were paid, the net proceeds were $34,567.83.
After the entry of judgment in the civil forfeiture actions, Stanwood filed motions to reopen both actions. These motions were denied by Judge Belloni on August 5, 1993. Stanwood then filed motions to reconsider judgment in both civil forfeiture actions. Judge Belloni denied these motions on November 24, 1993. In December, 1993, Stanwood filed notices of appeal in both cases. On October 6, 1994, the Ninth Circuit affirmed Judge Belloni's denial of Stanwood's motions to reopen the civil forfeiture cases.
On October 28, 1994, Stanwood filed a motion to dismiss the final judgment of forfeiture in the Gresham civil forfeiture case. This motion asserts that the forfeiture of the Gresham property was barred by double jeopardy. On November 10, 1994, the United States filed a motion to stay any decision in the Gresham civil forfeiture case until the Ninth Circuit decides whether to grant the United States' petition for rehearing with suggestion for rehearing en banc in United States v. $405,089.23 U.S. Currency, 33 F.3d 1210 (9th Cir.1994). Both of these motions are now pending. No motions have been filed in the Corbett civil forfeiture action.
I note that Count One of the indictment, which was the basis for Stanwood's criminal conviction, specifies that the criminal acts took place at Corbett, Oregon. Stanwood was never prosecuted for criminal activity at the Gresham property. Therefore, while the civil forfeiture of the Corbett property may have been based on the same offense as the criminal conviction, it is clear that the civil forfeiture of the Gresham property is not a possible basis for a finding of double jeopardy.
Stanwood moves to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255, which provides:
A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States ... may move the court which imposed the sentence to vacate, set aside, or correct the sentence.
Stanwood contends that his criminal conviction violated the Double Jeopardy Clause of the Fifth Amendment because it occurred after he had been punished for the same offense through civil forfeiture. The Double Jeopardy Clause states: "Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;...." U.S. Const., Amdt. 5.
Stanwood's motion relies on the recent Ninth Circuit decision in United...
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