United States of America, Plaintiff-appellee, v. Jose Delacruz Trujillo, Defendant-appellant, 73 F.3d 371 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 73 F.3d 371 (9th Cir. 1995)

Submitted Dec. 19, 1995. *Decided Dec. 29, 1995


Before: SNEED, TROTT and HAWKINS, Circuit Judges.


MEMORANDUM** 

Jose Delacruz Trujillo, a former federal prisoner, appeals pro se 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.

Trujillo contends that his criminal conviction violated the Double Jeopardy Clause because he had also 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.

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