United States of America, Plaintiff-appellee, v. Donald Pomeroy Roberts, Jr., Defendant-appellant, 67 F.3d 310 (9th Cir. 1995)
Annotate this CaseBefore: BROWNING, GOODWIN and O'SCANNLAIN, Circuit Judges.
MEMORANDUM**
Donald Pomeroy Roberts, Jr., a federal prisoner, appeals the district court's denial of his 28 U.S.C. § 2255 motion challenging his criminal conviction on double jeopardy grounds. We have jurisdiction pursuant to 28 U.S.C. § 2255, and we affirm.
Roberts contends that his criminal conviction violated the multiple prosecution and multiple punishment prongs of the Double Jeopardy Clause because jeopardy first attached in the civil and administrative forfeiture proceedings instituted against him. We disagree. Because Roberts pleaded guilty in the criminal proceeding prior to entering into a settlement agreement in the forfeiture proceedings, his criminal conviction is not subject to attack on double jeopardy grounds. See United States v. Faber, 57 F.3d 873, 874-75 (9th Cir. 1995); United States v. Barton, 46 F.3d 51, 52 (9th Cir. 1995).
AFFIRMED.
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