IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50940
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HECTOR GOMEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-95-CR-002-H(1)
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August 20, 1996
Before KING, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM:*
Hector Gomez appeals his conviction for conspiracy to
possess with the intent to distribute cocaine and possession of
cocaine with the intent to distribute. 21 U.S.C. §§ 841, 846.
He argues that the district court erred in denying his motion to
dismiss the indictment, in which he argued the federal
prosecution violated the Double Jeopardy Clause because Texas
forfeited the vehicle in which he carried the cocaine. We have
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 95-50940
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reviewed the briefs and the record and find no reversible error.
United States v. Ursery, ___ U.S. ___, (U.S. Jun. 24, 1996,
No. 95-345), 1996 WL 340815 at *13; United States v. Moore, 958
F.2d 646, 650 (5th Cir. 1992).
AFFIRMED.