United States v. Jerald John Meola

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerald John MEOLA, Defendant-Appellant. No. 95-35556. United States Court of Appeals, Ninth Circuit. Submitted March 4, 1996. * Decided April 2, 1996. ORDER Before: REINHARDT, KOZINSKI, and FERNANDEZ, Circuit Judges. This case is resubmitted as of March 28, 1996. Before: REINHARDT, KOZINSKI, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Meola appeals the denial of his 28 U.S.C. § 2255 motion in which he claimed that his federal criminal prosecution and subsequent conviction were barred under the Double Jeopardy Clause of the Fifth Amendment because of an earlier state forfeiture proceeding. He also appeals the district court's failure to conduct an evidentiary hearing on his claim. 3 The district court denied Meola's motion on the ground that, under the doctrine of dual sovereignty, a proceeding brought by a separate sovereign does not constitute…