United States of America, Plaintiff-appellee, v. Jerry Don Mainard, Defendant-appellant, 97 F.3d 1462 (9th Cir. 1996)

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U.S. Court of Appeals for the Ninth Circuit - 97 F.3d 1462 (9th Cir. 1996) Submitted Sept. 10, 1996. *Decided Sept. 13, 1996

Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges.

MEMORANDUM** 

Jerry Don Mainard, a federal prisoner, appeals the denial of his 28 U.S.C. § 2255 motion challenging his conviction for conspiracy and attempt to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(a) (1) and 846 and 18 U.S.C. § 2. Mainard contends that the Double Jeopardy Clause barred his conviction due to the prior civil forfeiture of his real property pursuant to 21 U.S.C. § 881(a) (6) and (7). This contention is precluded by the Supreme Court's decision in United States v. Ursery, 116 S. Ct. 2135 (1996). See United States v. Sardone, No. 95-50303, slip op. 10917, 10925 (9th Cir. Aug. 30, 1996).

AFFIRMED.

 *

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

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