United States v. Torrez

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-50046 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RICARDO TORREZ, a/k/a Chicken Man, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-95-CA-329 - - - - - - - - - - August 21, 1996 Before KING, DUHÉ, and DeMOSS, Circuit Judges. PER CURIAM:* Ricardo Torrez appeals the district court’s denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Torrez contends that the civil forfeiture of his property, pursuant to 21 U.S.C. §§ 881(a)(6) and (a)(7), violates his Fifth Amendment right against double jeopardy. * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-50046 - 2 - There is no merit to his contention of double jeopardy based upon the civil forfeiture of property to the Government. See United States v. Ursery, 116 S. Ct. 2135, 2147-49 (1996). AFFIRMED.