Summary
holding that foreign nationals have notification rights under Article 36 of the Vienna Convention and that those individuals have standing to enforce their rights in United States courts
Summary of this case from U.S. v. BriscoeOpinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a).
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for the Western District of Washington William L. Dwyer, District Judge, Presiding.
Before GOODWIN, KOZINSKI, and LEAVY, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Thomas Joseph Halloran appeals the district court's denial of a motion for reconsideration of the denial of his 28 U.S.C. § 2255 motion challenging his conviction for the illegal manufacture and distribution of marijuana, conspiracy to manufacture marijuana, and maintaining a residence for the purpose of manufacturing marijuana, in violation of 21 U.S.C. § 841(a). We have jurisdiction under 28 U.S.C. § 2255, and we affirm.
Halloran contends his conviction violates the Double Jeopardy Clause because it occurred after a civil forfeiture. Halloran's contention is foreclosed by United States v. Ursery, 518 U.S. 267, 292 (1996).
AFFIRMED.