Ferguson

MEMORANDUM OPINION AND ORDER DENYING PETITIONER’S MOTION TO VACATE HIS CONVICTION

Introduction

Petitioner John Chatric Ferguson is currently serving a 101 month sentence in federal prison for violations of the narcotics laws. After Ferguson pleaded guilty, the United States instituted civil proceedings to forfeit the property used in the commission of the offense. Ferguson now seeks to vacate his conviction on the ground that the civil forfeiture violated his right to be free from double jeopardy. His argument is based on two cases, United States v. $405,089.23 U.S. Currency, 33 F.3d 1210 (9th Cir.1994), and Austin v. United States, 509 U.S. 602 , 113 S.Ct. 2801 , 125 L.Ed.2d 488 (1993), that together established a new rule within the meaning of Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989). The Court holds that he is barred from relying on these cases due to the Teague nonretroactivity rule, and therefore his petition is DENIED.

Background Facts

Ferguson was indicted on April 5,1991, on one count of conspiracy to distribute cocaine, 21 U.S.C. § 846 , one count of possession of cocaine with intent to distribute, 21 U.S.C. § 841 (a)(1), and one count of…