United States v. David Dallas Gates

76 F.3d 389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Dallas GATES, Defendant-Appellant. No. 95-50338. United States Court of Appeals, Ninth Circuit. Submitted Jan. 23, 1996. * Decided Jan. 26, 1996. 1 Before: ALARCON, HALL, and BRUNETTI, Circuit Judges 2 MEMORANDUM ** 3 David Dallas Gates appeals his conviction for possession of a prohibited object by an inmate, in violation of 18 U.S.C. § 1791 (a)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 4 Gates contends his conviction violated the Double Jeopardy Clause because he already had been punished for the same conduct in prison disciplinary proceedings. This contention is foreclosed by our holding in United States v. Brown, 59 F.3d 102, 104 (9th Cir.1995) (per curiam) (forfeiture of good time credits and disciplinary transfer did not preclude criminal prosecution for same conduct because disciplinary sanctions were part of underlying…