UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                        No. 95-7284

VADEN LEE WILLIAMS,
Defendant-Appellant.

Appeal from the United States District Court
for the Eastern District of Virginia, at Norfolk.
John A. MacKenzie, Senior District Judge.
(CR-91-70-N, CA-95-401-2)

Argued: June 3, 1996

Decided: August 29, 1996

Before WIDENER, WILKINS, and MICHAEL, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

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COUNSEL

ARGUED: Bruce Charles Bishop, Third Year Law Student, Rus-
sell S. Post, Third Year Law Student, Appellate Litigation Clinic,
UNIVERSITY OF VIRGINIA LAW SCHOOL, Charlottesville, Vir-
ginia, for Appellant. Kent Pendleton Porter, Assistant United States
Attorney, UNITED STATES ATTORNEY'S OFFICE, Norfolk, Vir-
ginia, for Appellee. ON BRIEF: Neal L. Walters, Appellate Litiga-
tion Clinic, UNIVERSITY OF VIRGINIA LAW SCHOOL,
Charlottesville, Virginia, for Appellant. Helen F. Fahey, United States
Attorney, Mark A. Exley, Assistant United States Attorney, Norfolk,
Virginia, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

The defendant, Vaden Lee Williams, appeals the district court's
denial of his petition under 28 U.S.C. § 2255. That court held that
civil forfeiture of an instrumentality of criminal activity is not punish-
ment for purposes of the double jeopardy clause.

Following briefing and oral argument on June 3, 1996, before this
court, the Supreme Court decided that civil in rem forfeiture is not
punishment for purposes of the double jeopardy clause. United States
v. Ursery, 65 U.S.L.W. 4565 (U.S. June 24, 1996). The parties have
submitted to us memoranda on the effect of Ursery, and counsel for
Williams agrees that the Supreme Court's Ursery decision controls
this aspect of the case.

We have not found any error, however claimed, in the decision of
the district court.

The judgment of the district court denying the defendant's petition
under 28 U.S.C. § 2255 is accordingly

AFFIRMED.

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