United States of America, Plaintiff-appellee, v. Vernon Van Buren, Defendant-appellant, 108 F.3d 340 (9th Cir. 1997)Annotate this Case
Before: ALARCN, CANBY and TASHIMA, Circuit Judges.
Vernon Van Buren appeals the district court's order denying his motion to dismiss the indictment on double jeopardy grounds. We affirm.
Van Buren contends that his criminal prosecution violates the Double Jeopardy Clause because he has already been punished for the same conduct through the revocation of his state parole. "Our prior case law establishes unambiguously that double jeopardy does not preclude criminal prosecution for conduct which also serves as the basis for a parole ... revocation." United States v. Soto-Olivas, 44 F.3d 788, 789 (9th Cir. 1995) (citations omitted).
The district court properly declared this appeal to be frivolous, thereby allowing the court to retain jurisdiction during the pendency of this appeal. See United States v. LaMere, 951 F.2d 1106 (9th Cir. 1991).