[T][U] United States v. Conner

MEMORANDUM* E.J. Conner appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his jury conviction and his sentence for conspiracy to possess cocaine with intent to distribute, and aiding and abetting possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846, and 18 U.S.C. § 2. Conner contends that: (1) his conviction and sentence violate the Double Jeopardy Clause; and (2) the district court erred by sentencing him to 121 months imprisonment. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2255.1 We review de novo the district court's denial of Conner's § 2255 motion, Frazer v. United States, 18 F.3d 778, 781 (9th Cir. 1994), and affirm.2 Conner contends that because his conviction and sentence followed the confiscation and forfeiture of currency used in the drug transaction, his conviction and sentence violate the Double Jeopardy Clause.