United States of America, Plaintiff-appellee, v. Curtis Schwarz, Defendant-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.
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