United States of America, Plaintiff-appellee, v. $650,285.00 U.S. Currency, Defendant,andalfredo Apodaca Villegas, Aka: Alfredo Alpodaca Villegas,jr., Claimant-appellant, 94 F.3d 654 (9th Cir. 1996)Annotate this Case
Submitted Aug. 12, 1996. *Decided Aug. 22, 1996
Before BROWNING, SCHROEDER and RYMER, Circuit Judges.
Alfredo Apodaca Villegas appeals the district court's denial of both his Fed. R. Crim. P. 41(e) motion for the return of $650,285 whose forfeiture in 1989 went uncontested and his motion for reconsideration of that decision. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
We do not consider whether the district court properly exercised jurisdiction or applied the rule of United States v. Cretacci, 62 F.3d 307 (9th Cir. 1995), cert. denied, 116 S. Ct. 2528 (1996), to deny Villegas relief. Were we to resolve both questions in Villegas' favor, his ultimate argument, that the Double Jeopardy Clause barred the forfeiture, would be foreclosed by the Supreme Court's recent decision in United States v. Ursery, 116 S. Ct. 2135 (1996).