United States v. Haji Mohammed Ashraf

94 F.3d 653 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Haji Mohammed ASHRAF, Defendant-Appellant. No. 96-15000. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 22, 1996. Before: BROWNING, SCHROEDER, and SCHROEDER, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Haji Mohammed Ashraf appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction for possession with the intent to distribute heroin in violation of 21 U.S.C. § 841 (a)(1), conspiracy to import heroin in violation of 21 U.S.C. § 963 and importation of heroin in violation of 21 U.S.C. § 952 . Ashraf contends that his conviction violated the Double Jeopardy Clause of the Fifth Amendment because the wool rugs in which the heroin was found were civilly forfeited prior to the commencement of his criminal trial. Ashraf's claim is foreclosed by the United States…