United States v. Saenz

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-50921 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CARLOS SAENZ, Jr., Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-96-CR-306-1 - - - - - - - - - - June 16, 1998 Before DAVIS, PARKER, and DENNIS, Circuit Judges. PER CURIAM:* Carlos Saenz, Jr., appeals the district court’s denial of his plea of former jeopardy which was filed after he had made an unconditional plea of guilty. Saenz contends that the Double Jeopardy Clause barred his federal criminal prosecution for drug- related offenses following state civil forfeiture proceedings stemming from the same criminal activity. Saenz’s unconditional guilty plea waived any double jeopardy challenge to his prosecution. United States v. Broce, 488 U.S. 563, 569 (1988). * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 97-50921 -2- APPEAL DISMISSED.