July 29, 1996
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 95-2369
LIONEL A. LALIBERTE,
Petitioner, Appellant,
v.
UNITED STATES OF AMERICA,
Respondent, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Edward F. Harrington, U.S. District Judge] ___________________
____________________
Before
Selya, Cyr and Boudin,
Circuit Judges. ______________
____________________
Lionel Laliberte on brief pro se. ________________
Donald K. Stern, United States Attorney, and Shelbey D. Wright, ________________ _________________
Assistant United States Attorney, on brief for appellee.
____________________
____________________
Per Curiam. Petitioner Lionel Laliberte appeals from __________
the denial of his second motion under 28 U.S.C. 2255 to
vacate, set aside, or correct his sentence. To the extent he
is contending that his conviction and sentence are violative
of double jeopardy because of the earlier orders of
forfeiture, his claim falters on the basis of United States _____________
v. Ursery, ___ S. Ct. ___, 1996 WL 340815 (June 24, 1996). ______
To the extent he is contending that his forfeited properties
were improperly characterized as "proceeds" of his drug
trafficking activity for purposes of 21 U.S.C. 881(a)(6),
his claim has already been rejected by this court. See ___
United States v. Parcels of Land, 903 F.2d 36 (1st Cir. ______________ ________________
1990). Nor was any such claim raised below. Accordingly,
the judgment is summarily affirmed. See Loc. R. 27.1. ________ ___
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