United States v. Anthony John Sposato

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony John SPOSATO, Defendant-Appellant. No. 95-56486. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 22, 1996. Before: BROWNING, SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Anthony John Sposato appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction and 121-month sentence for distribution of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1). Sposato contends that his conviction violated the Double Jeopardy Clause of the Fifth Amendment because civil forfeiture proceedings were instituted against his real and personal property prior to the commencement of his criminal trial. Sposato's claim is foreclosed by the United States Supreme Court's recent decision in United States v. Ursery, 116 S.Ct. 2135, 2149 (1996) (holding that civil…