United States v. James Herbert Ruenzel

98 F.3d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Herbert RUENZEL, Defendant-Appellant. No. 95-56587. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 9, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 James Herbert Ruenzel appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Ruenzel contends that: (1) his federal conviction violated the Double Jeopardy Clause based on a previous state forfeiture of property; (2) the district court erred by failing to hold an evidentiary hearing, permit discovery, and appoint counsel; and (3) the district court should have permitted Ruenzel to amend his § 2255 motion after the motion was denied. We review de novo a district court's decision on a § 2255 motion. Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir.1995). We have jurisdiction pursuant to 28 U.S.C.…