United States of America, Plaintiff-appellee, v. Richard David Wheaton, Defendant-appellant, 91 F.3d 157 (9th Cir. 1996)

 Annotate this Case
US Court of Appeals for the Ninth Circuit - 91 F.3d 157 (9th Cir. 1996) Submitted July 9, 1996. *Decided July 15, 1996

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

MEMORANDUM** 

Richard David Wheaton, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate the sentence imposed following his conviction for conspiracy to manufacture and distribute methamphetamine. Wheaton contends that the Double Jeopardy Clause barred his conviction due to the prior civil forfeiture of a computer and currency. This contention is precluded by the United States Supreme Court's decision in 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

Wheaton also requests that the assets forfeited after his conviction be returned to him. This claim is also precluded by United States v. Ursery, No. 95-345 (U.S. June 24, 1996)

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.