United States v. Real Property Situated at 7780 Giles Street, Las Vegas

94 F.3d 654 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. REAL PROPERTY SITUATED AT 7780 GILES STREET, LAS VEGAS, Defendant, Jerome Mosley, Defendant-Appellant. No. 95-16512. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 16, 1996. Before: BROWNING, SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Jerome Mosley, a Nevada state prisoner, appeals pro se the district court's dismissal of his self-styled 28 U.S.C. § 2255 motion to vacate the forfeiture of several parcels of real property. Mosley contends that the forfeiture violates the Double Jeopardy Clause because it followed his prosecution in state court for drug offenses. He also claims that the forfeiture violates the Excessive Fines Clause and that it was imposed outside his presence in violation of Fed.R.Crim.P. 43(a). 3 The district court dismissed the petition for lack of jurisdiction because Mosley was not in…