IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40158
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SCOTT KING,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:95-CV-258
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February 18, 1997
Before JONES, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Scott King appeals from the district court’s denial of his
motion to vacate, set aside, or correct his sentence pursuant to
28 U.S.C. § 2255. King argues that the district court erred by
rejecting his motion as procedurally barred and that a prior
forfeiture proceeding causes his conviction and sentence to
violate principles of double jeopardy. Because the Government
did not raise the procedural bar in the district court, we
*
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that this opinion should not be published and is not precedent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. 96-40158
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address the merits of King’s argument and hold that his
conviction and sentence do not violate the Double Jeopardy
Clause.
To the extent that King requires a certificate of
appealability (COA) in order to appeal the district court’s
judgment, we conclude that King has not made a substantial
showing of the denial of a constitutional right. See 28 U.S.C.
§ 2253(c)(2).
AFFIRMED. COA DENIED.