United States of America, Plaintiff-appellee, v. Jesus Espinoza, Defendant-appellant, 73 F.3d 371 (9th Cir. 1995)Annotate this Case
Before: SNEED, TROTT and HAWKINS, Circuit Judges.
Jesus Espinoza, 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.
Espinoza contends that his criminal conviction violated the Double Jeopardy Clause because he had already been subjected to punishment for the same conduct through the government's uncontested administrative forfeiture proceedings. This contention is foreclosed by United States v. Cretacci, 62 F.3d 307 (9th Cir. 1995), in which we held that the administrative forfeiture of unclaimed property does not constitute punishment for purposes of the Double Jeopardy Clause.