United States of America, Plaintiff-appellee, v. John Gable, Jr., Defendant-appellant, 112 F.3d 517 (9th Cir. 1997)Annotate this Case
Before: BROWNING, THOMPSON, and HAWKINS, Circuit Judges.
John Gable, Jr., appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his 1992 conviction and sentence for several offenses including racketeering, conspiracy, and money laundering. Gable's § 2255 motion asserted that his conviction and sentence violated the Double Jeopardy Clause in light of the civil forfeiture action brought by the government pursuant to 18 U.S.C. § 981(a) (1) (A) against Gable's real property. The district court properly ruled that this claim is foreclosed by United States v. Ursery, 116 S. Ct. 2135 (1996).
Gable's claims (not included in his § 2255 motion before the district court) that the seizure of his property violated the Due Process and Excessive Fines Clauses are not cognizable under § 2255, which confers jurisdiction only over challenges to one's conviction or sentence.