United States of America, Plaintiff-appellee, v. Jimmy Grisales, Defendant-appellant, 116 F.3d 486 (9th Cir. 1997)

 Annotate this Case
US Court of Appeals for the Ninth Circuit - 116 F.3d 486 (9th Cir. 1997) Submitted June 3, 1997. *Decided June 5, 1997

Appeal from the United States District Court for the District of Arizona, Nos. CV-95-01456-EHC, CR-91-00139-EHC; Earl H. Carroll, District Judge, Presiding

Before: NORRIS, LEAVY and TASHIMA, Circuit Judges.

MEMORANDUM** 

Federal prisoner Jimmy Grisales appeals pro se the district court's denial of his motion to vacate, set aside or correct his sentence for conspiracy to distribute, distribution and possession with intent to distribute cocaine, and attempted possession of cocaine in violation of 21 U.S.C. §§ 846 and 841(a) (1).

Grisales' claim that his conviction and sentence violated the Double Jeopardy Clause in light of the civil forfeiture of his automobile is foreclosed by United States v. Ursery, 116 S. Ct. 2135 (1996). Grisales' claim of inadequate notice during the forfeiture proceedings is not cognizable under § 2255, which confers jurisdiction only over challenges to one's conviction or sentence.1 

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. See 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

 1

Grisales' "substitute" reply brief is filed

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.