United States v. Anderson

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-20049
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
JOSEPH ALVIN ANDERSON,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-90-108-S
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June 25, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Joseph Alvin Anderson, #52456-079, appeals from the district
court’s order denying his motion to vacate, set aside, or correct
his sentence pursuant to 28 U.S.C. § 2255. He argues his
criminal prosecution following the administrative forfeiture of
his gun collection of 111 guns violated the Fifth Amendment
prohibition against double jeopardy. We have reviewed the record
and the briefs of the parties and perceive no reversible error.
*
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that this opinion should not be published and is not precedent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.96-20049
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Jeopardy did not attach because Anderson was not a party to the
administrative forfeiture. See United States v. Arreola-Ramos,
60 F.3d 188, 192 (5th Cir. 1995). We affirm on the basis of the
reasons stated by the district court.
AFFIRMED.