United States of America, Plaintiff-appellee, v. Patrick Johnson, Defendant-appellant, 91 F.3d 156 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 91 F.3d 156 (9th Cir. 1996) Submitted July 9, 1996. *Decided July 15, 1996

Before: HUG, Chief Judge, and SCHROEDER and POOLE, Circuit Judges.


MEMORANDUM** 

Patrick Johnson, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his criminal conviction on double jeopardy grounds. We have jurisdiction pursuant to 28 U.S.C. § 2255, and we affirm.

Johnson contends that his criminal 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, No. 95-345, 1996 WL 340815 (U.S. June 24, 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

 1

Because we affirm the district court's denial of Johnson'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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