United States v. Wayne R. Heim

103 F.3d 142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Wayne R. HEIM, Defendant-Appellant. No. 96-35492. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1996. * Decided Dec. 06, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Wayne R. Heim, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction for conspiring to distribute a controlled substance ( 21 U.S.C. § 841 (a)(3) & 846) and traveling in aid of racketeering ( 18 U.S.C. § 1952 (a)(3)). Heim contends his federal conviction violated the Double Jeopardy Clause based on the previous state forfeiture of his property. We review de novo a district court's decision on a section 2255 motion. Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir.1995). We have jurisdiction pursuant to 28 U.S.C. § 2255 , and we affirm. 3 Even assuming Heim…