IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40332
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARCOS GONZALEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CR-B-94-95-1
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December 21, 1995
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Marcos Gonzalez appeals his convictions for possession with
intent to distribute approximately 576 kilograms of cocaine and
attempting to conduct a financial transaction with the proceeds
of an unlawful activity. He argues that the district court
abused its discretion in denying his motion for a continuance and
that his conviction violates the Double-Jeopardy Clause because
of a civil forfeiture of real property prior to his trial.
*
Local Rule 47.5.1 provides: "The publication of
opinions that merely decide particular cases on the basis of
well-settled principles of law imposes needless expense on the
public and burdens on the legal profession." Pursuant to that
Rule, the court has determined that this opinion should not be
published.
No. 95-40332
-2-
We have reviewed Gonzalez's contentions and the record, and
we find no reversible error as to the district court's denial of
the motion for a continuance. Gonzalez did not raise the double-
jeopardy issue in the court below. A double-jeopardy defense to
prosecution must be raised prior to trial, or it is waived. See
United States v. Moore, 958 F.2d 646, 650 (5th Cir. 1992) citing
FED. R. CRIM. P. 12(b), (f). Assuming, arguendo, that Gonzalez
had standing to raise the double-jeopardy defense, he waived the
issue by not raising it in the district court.
AFFIRMED.