United States of America, Plaintiff-appellee, v. Steven Robert Comisar, Defendant-appellant, 98 F.3d 1347 (9th Cir. 1996)

MEMORANDUM^** 

Federal prisoner Steven Robert Comisar appeals pro se the district court's denial of his second 28 U.S.C. § 2255 motion. Comisar contends the district court erred when it denied him relief. We have jurisdiction pursuant to 28 U.S.C. § 2255. We review de novo, Frazer v. United States, 18 F.3d 778, 781 (9th Cir. 1994), and affirm.

The Supreme Court recently held that in rem civil forfeitures are not punishment for purposes of the Double Jeopardy Clause. United States v. Ursery, 116 S. Ct. 2135, 2149 (1996) (reversing $405,089.23 in United States Currency). Consequently, Comisar's challenge to his conviction fails. See id. To the extent that Comisar contends that the government unlawfully seized the Corvette, Comisar does not challenge his sentence and therefore may not raise that contention by section 2255 motion. See 28 U.S.C. § 2255.

AFFIRMED.