United States of America, Plaintiff-appellee, v. Casey Ringor, Defendant-appellant, 78 F.3d 596 (9th Cir. 1996)

MEMORANDUM^** 

Federal prisoner Casey Ringor appeals the district court's denial of his 28 U.S.C. § 2255 motion challenging his guilty plea conviction of possession with intent to distribute one kilogram of cocaine (21 U.S.C. § 841(a) (1) and (b) (1) (B)). Ringor asserts that his conviction violates the Double Jeopardy Clause of the Fifth Amendment because of the prior administrative forfeiture of a $3,900 cashier's check found in his jacket at the time of his arrest.

Ringor concedes that this case is controlled by United States v. Cretacci, 62 F.3d 307 (9th Cir. 1995), and argued in his briefs that this court grant initial review en banc and/or combine this appeal with a rehearing in Cretacci. After circulation to all active circuit judges pursuant to General Order 5.2a, Ringor's suggestion for initial hearing en banc was denied. Moreover, this court on November 15, 1995 denied the petition for rehearing and rejected the suggestion for rehearing en banc in Cretacci. Accordingly, the judgment of the district court is

AFFIRMED.