United States Eighth Circuit

In an action wherein plaintiff sought an injunction and a declaratory judgment that 20 U.S.C. section 1901(r), which suspends eligibility for student loans following a conviction for enumerated drug offenses, contravenes the federal constitution, dismissal of the complaint is affirmed where the statutory scheme did not violate the Fifth Amendment's provision against double jeopardy, as its underlying provisions are not punitive in purpose or in effect so as to transform into a second criminal penalty.

Appellate Information

• Decided 04/29/2008
• Published 04/29/2008

Judges

• BENTON, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Adam Brett Wolf, argued, Graham Boyd, M. Allen Hopper, Santa Cruz, CA, Erwin Chemerinsky, Durham, NC, Ronald A. Wager, James M. Creme, Danell J. Daugherty, Aberdeen, SD, on the brief, for Appellants., William F. Alderman, Eric M. Hairston, Catherine Lui, San Francisco, CA, filed a brief for Amici Curiae in support of Appellants.


• For Appellees:
  
• Sarang Vijay Damle, argued, Mark B. Stern. on the brief, Washington, DC, for Appellee.