United States of America, Plaintiff-appellee, v. Don Takamori Nakamoto, Defendant-appellant, 67 F.3d 310 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 67 F.3d 310 (9th Cir. 1995) Submitted Sept. 18, 1995. *Decided Sept. 27, 1995

Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges.

MEMORANDUM** 

Don Takamori Nakamoto appeals the district court's denial of his motion to vacate his guilty plea and to dismiss on double jeopardy grounds the indictment charging him with possession of methamphetamine with intent to distribute and possession of methamphetamine. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Nakamoto contends that the guilty plea should be vacated and the indictment dismissed because he has already been subjected to punishment for the same offenses through the government's uncontested administrative forfeiture proceedings. This contention is foreclosed by United States v. Cretacci, No. 94-10235, slip op. 9565, 9571 (9th Cir. Aug. 4, 1995), in which we held that an administrative forfeiture of unclaimed property does not constitute punishment for purposes of the Double Jeopardy Clause.

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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