United States v. Kenneth Herbert Linn

87 F.3d 1324 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth Herbert LINN, Defendant-Appellant. No. 95-36243. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Kenneth Herbert Linn appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Linn contends that his criminal conviction for cocaine distribution, conspiracy, and unlawful use of a communication facility and the subsequent forfeiture of his property constituted multiple punishments in violation of the Double Jeopardy Clause. We have jurisdiction under 28 U.S.C. §§ 1291 and 2255, and affirm. 1 3 Jeopardy attaches in a criminal prosecution when the jury is empaneled and sworn. Crist v. Betz, 437 U.S. 28, 35 (1978); United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995). 2 The earliest that…