IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40274
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NORBERTO MONTALVO, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-95-CV-257 (M-92-CR-71-2)
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June 17, 1997
Before SMITH, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Norberto Montalvo, Jr., # 40684-079, appeals the district
court’s denial of his 28 U.S.C. § 2255 motion. He argues that
the forfeiture of his real property pursuant to 21 U.S.C.
§ 881(a)(7), in addition to his convictions and sentences for
conspiracy and possession with intent to distribute cocaine,
constituted double punishment in violation of the Double Jeopardy
Clause. His argument is without merit. See United States v.
Ursery, 116 S. Ct. 2135, 2149 (1996).
*
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that this opinion should not be published and is not precedent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.
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AFFIRMED.