United States v. Glen Charles Starkweather

78 F.3d 596 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Glen Charles STARKWEATHER, Defendant-Appellant. No. 95-35635. United States Court of Appeals, Ninth Circuit. Submitted March 6, 1996. * Decided March 12, 1996. Before: FLETCHER, NOONAN, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Glen Charles Starkweather appeals the district court's order denying his motion under 28 U.S.C. § 2255 to vacate his conviction and sentence on double jeopardy grounds. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm. 3 The timing of the criminal and civil proceedings in this case eliminates any double jeopardy concern. Jeopardy ordinarily attaches in a criminal case when the court accepts the defendant's guilty plea. United States v. Smith, 912 F.2d 322, 324 (9th Cir.1990). Starkweather entered his guilty plea, and the district court accepted it, on July 8, 1991. Jeopardy attaches in a civil forfeiture proceeding, if at…