United States v. Filimon Ortiz Sanchez

64 F.3d 667 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Filimon Ortiz SANCHEZ, Defendant-Appellant. No. 94-30276. United States Court of Appeals, Ninth Circuit. Argued May 5, 1995. Submission Deferred May 15, 1995. Resubmitted August 1, 1995. Decided Aug. 17, 1995. Before: WRIGHT, FERGUSON and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Sanchez was convicted of conspiracy to distribute cocaine under 21 U.S.C. Secs. 846 and 841(b)(1)(A). He appeals his conviction. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 1. DOUBLE JEOPARDY 3 Our recent decision in United States v. Cretacci, No. 94-10235, slip op. 9565 (9th Cir. August 4, 1995), forecloses Sanchez' double jeopardy argument. We there held that the administrative forfeiture of unclaimed property does not constitute "punishment" for double jeopardy purposes. Id. at 9567-68 . Similarly, the civil forfeiture after a default judgment here does not constitute…