United States v. Timothy Orallo

83 F.3d 430 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Timothy ORALLO, Defendant-Appellant. No. 95-16223. United States Court of Appeals, Ninth Circuit. Submitted April 10, 1996. * Decided April 12, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Timothy Orallo appeals the district court's denial of his 28 U.S.C. § 2255 motion challenging his guilty plea conviction on double jeopardy grounds. We have jurisdiction pursuant to 28 U.S.C. § 2255 . We review de novo, Doganiere v. United States, 914 F.2d 165, 167 (9th Cir.1990), cert. denied, 499 U.S. 940 (1991), and we affirm. 3 Orallo contends that his conviction violated the Double Jeopardy Clause of the Fifth Amendment because of the prior administrative forfeiture of property seized at the time of his arrest. However, because Orallo concedes that he received adequate notice of the forfeiture but failed to file a claim…