This section contains the nature of the case and procedural background.

Two cases are combined as one. In the first case, the United States (P) instituted civil forfeiture proceedings against Usery's (D) house because he had been growing marijuana there. D paid P $13,250 to settle this claim. D was then indicted for manufacturing marijuana, and he was sentenced to 63 months in prison. The Court of Appeals reversed, holding that the conviction violated the 5th Amendment's Double Jeopardy Clause. In the second case, Arlt and Wren (D) were convicted of several counts of conspiracy. However, before the trial, P had filed a civil in rem complaint against various property of D. After the criminal trial, the District Court granted P's motion for summary judgment in the forfeiture proceeding. D appealed, and the Court of Appeals reversed, holding that the forfeiture violated the Double Jeopardy Clause. P appealed in both cases.

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