United States of America, Plaintiff-appellee, v. James Raymond Alaway, Defendant-appellant, 85 F.3d 638 (9th Cir. 1996)

MEMORANDUM^** 

Federal prisoner James Raymond Alaway appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Alaway contends that his criminal conviction for manufacturing marijuana and the subsequent forfeitures of his property constituted multiple punishments in violation of the Double Jeopardy Clause. We have jurisdiction under 28 U.S.C. §§ 1291 and 2255, and we affirm.

Since Alaway pled guilty before the forfeiture proceedings were finalized for double jeopardy purposes, jeopardy attached first in the criminal proceeding. 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. 1994); see also United States v. Sanchez-Cobarruvias, 65 F.3d 781, 783-84 (9th Cir. 1995), cert. denied, 116 S. Ct. 797 (1996) (suggesting that some degree of finality is necessary before jeopardy can attach in civil forfeiture proceeding). Accordingly, Alaway's attempt to challenge his criminal conviction on double jeopardy grounds was precluded by the timing of the proceedings. See United States v. Halper, 490 U.S. 435, 439 (1989).

Alaway's challenge to the forfeitures is not cognizable in a 28 U.S.C. § 2255 proceeding. See 28 U.S.C. § 2255.

AFFIRMED.