U.S. Court of Appeals for the Ninth Circuit, 1996

United States v. Joseph Francis Cain

U.S. Court of Appeals for the Ninth Circuit · Decided September 12, 1996

97 F.3d 1461; 1996 U.S. App. LEXIS 40218; 1996 WL 519803 (Federal Reporter, Third Series)

Opinion

97 F.3d 1461

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Joseph Francis CAIN, Defendant-Appellant.

No. 95-35270.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 10, 1996.*
Decided Sept. 12, 1996.

Before: FLETCHER, BRUNETTI and JOHN T. NOONAN, Jr., Circuit Judges.

MEMORANDUM**

Joseph Francis Cain, a federal prisoner, appeals the district court's denial of his 28 U.S.C. § 2255 motion challenging his criminal conviction on double jeopardy grounds. We affirm.

Cain contends that his conviction violated the Double Jeopardy Clause because he had already been punished for the same conduct through prior civil forfeiture proceedings. This contention is foreclosed by United States v. Ursery, 116 S.Ct. 2135 (1996).

AFFIRMED.1

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

Because we affirm the district court's denial of Cain's motion under the former version of 28 U.S.C. § 2255, we do not consider whether the Antiterrorism and Effective Death Penalty Act of 1996 applies to this appeal

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