United States v. Perry A. McCullough

29 F.3d 636 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Perry A. McCULLOUGH, Defendant-Appellant. Nos. 90-10577, 91-10581 and 92-10597. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1994. Decided July 14, 1994. Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges MEMORANDUM * Perry A. McCullough appeals his conviction of conspiracy, possession of cocaine with intent to distribute, use of a telephone to facilitate a drug offense, and operating a continuing criminal enterprise (CCE), in violation of 21 U.S.C. Secs. 846 , 841(a)(1), 843(b) and 848. He additionally appeals the contemporaneous forfeiture of his property. We affirm his sentence and all counts of conviction, save for his conviction on the continuing criminal enterprise (CCE) count and the forfeiture judgment, which we reverse. 1 A. Double Jeopardy mcCullough argues that the district court's imposition of a stayed judgment and…