United States of America, Plaintiff-appellee, v. Douglas A. Muth, Defendant-appellant, 92 F.3d 1194 (9th Cir. 1996)
Annotate this CaseBefore: GOODWIN and SCHROEDER, Circuit Judges, and ARMSTRONG,** District Judge.
ORDER***
Defendant Douglas Muth appeals the denial of his 28 U.S.C. § 2255 motion to vacate his criminal conviction for manufacture of marijuana. He contends that the conviction violated double jeopardy because of the administrative forfeiture of his currency and judicial forfeiture of his residence. We deferred submission pending the decision of the United States Supreme Court in United States v. Ursery, Nos. 95-345, 95-346, 1996 U.S. SCt WL 340815 (U.S. June 24, 1996). In Ursery, the Court held that civil forfeitures are "neither 'punishment' nor criminal for purposes of the Double Jeopardy Clause." Id. at 14. We order the case submitted, and affirm on the ground that it is controlled by Ursery.
AFFIRMED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 34-4
Honorable Saundra Brown Armstrong, United States District Judge for the Northern District of California, sitting by designation
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. Rule 36-3
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