United States v. Emmitt Gene Miller, Sr.

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Emmitt Gene MILLER, Sr., Defendant-Appellant. No. 94-50487. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1996. * Decided Dec. 05, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Emmitt Gene Miller, Sr. appeals pro se his 121-month sentence imposed following this court's remand for resentencing. Miller was convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 and distribution of cocaine in violation of cocaine of 21 U.S.C. § 841 (a)(1). Miller contends that: (1) the district court erred when it sentenced him for an uncharged one-kilogram cocaine transaction; (2) he received ineffective assistance of counsel at sentencing; and (3) his criminal conviction violated the Double Jeopardy Clause because of the prior administrative forfeiture of his property. We have jurisdiction pursuant to 28…