United States v. Gilbert Bojorquez

85 F.3d 638 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gilbert BOJORQUEZ, Defendant-Appellant. No. 95-56593. United States Court of Appeals, Ninth Circuit. Submitted April 30, 1996. * Decided May 6, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Gilbert Bojorquez appeals the denial of his 28 U.S.C. § 2255 motion challenging his conviction for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Bojorquez contends that the district court erred by denying his claim that his criminal conviction was barred by double jeopardy. We have jurisdiction under 28 U.S.C. §§ 1291 , 2255. We review de novo the district court's denial of a section 2255 motion. See Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994). We affirm. 3 To assert double jeopardy, Bojorquez must first establish that original jeopardy attached in the…