United States v. Charlie Burnes

87 F.3d 1323 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charlie BURNES, Defendant-Appellant. No. 95-35413. United States Court of Appeals, Ninth Circuit. Submitted Dec. 4, 1995. * Decided June 6, 1996. 1 Before: D.W. NELSON, JOHN T. NOONAN, Jr., Circuit Judges and WARE. ** 2 MEMORANDUM *** 3 Burnes appeals from the district court's order denying his motion to vacate his sentence pursuant to 28 U.S.C. § 2255 and on the grounds of double jeopardy. We have jurisdiction under 28 U.S.C. § 1291 . We affirm. FACTUAL AND PROCEDURAL BACKGROUND 4 A federal grand jury indicted Burnes on July 12, 1990, charging him with five separate violations of 21 U.S.C. § 841 (a)(1). Search and arrest warrants were served on Burnes on July 17, 1990. On July 24, 1990, the United States filed civil complaints seeking forfeiture of three separate parcels of real property. A superseding indictment was filed on August 15, 1990, and…