UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-60172
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HERIBERTO RUIZ, also known as Heriberto Echeverry,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:97-CV-148-B-N
February 18, 1999
Before KING, Chief Judge, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Pursuant to a Certificate of Appealability, Heriberto Ruiz
appeals the denial of his motion to vacate, set aside, or correct
his sentence under 28 U.S.C. § 2255. Concerning the underlying
convictions and sentences, see United States v. Ruiz, 987 F.2d 243
*
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that this opinion should not be published and is not precedent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.
(5th Cir. 1993).
Ruiz contends that his indictment and his sentences were
multiplicious and violated the Double Jeopardy Clause; and that his
convictions for both conspiracy and the predicate offense also
violated that clause.
Even assuming that Ruiz could demonstrate cause and prejudice,
in order to hurdle the procedural bar raised by the Government
district court and here, Ruiz’s claims fail. For the first claim,
the Double Jeopardy Clause was not violated because two separate
conspiracies existed. See United States v. Cihak, 137 F.3d 252,
258 (5th Cir.) (citing United States v. Marable, 578 F.2d 151, 154
(5th Cir. 1978)), cert. denied, 119 S.Ct. 118, 203 (1998). For the
second claim, the Double Jeopardy Clause was not violated when Ruiz
was convicted of both conspiracy and the predicate offense. E.g,
United States v. Felix, 503 U.S. 378, 389 (1992).
AFFIRMED
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