United States of America, Plaintiff-appellee, v. Curtis Schwarz, Defendant-appellant, 94 F.3d 654 (9th Cir. 1996)

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U.S. Court of Appeals for the Ninth Circuit - 94 F.3d 654 (9th Cir. 1996)

Submitted Aug. 12, 1996. *Decided Aug. 22, 1996


Before BROWNING, SCHROEDER and RYMER, Circuit Judges.


MEMORANDUM** 

Federal prisoner Curtis Schwarz appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction for conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. Schwarz contends that his conviction violated the Double Jeopardy Clause of the Fifth Amendment based on the government's forfeiture of his real property. Schwarz's claim is foreclosed by the United States Supreme Court's recent decision in United States v. Ursery, 116 S. Ct. 2134, 2149 (1996) (holding that civil forfeitures do not constitute "punishment" for purposes of the Double Jeopardy Clause).

Accordingly, Schwarz's conviction is

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