United States v. Goist

U.S. Court of Appeals for the Fourth Circuit

United States v. Goist

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-1506

UNITED STATES OF AMERICA,

Plaintiff - Appellee, versus

WILLIAM M. BRYSON, JR.,

Defendant, versus

PAUL B. GOIST,

Movant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge. (CR-01-240, CR-01-712)

Submitted: October 1, 2003 Decided: October 17, 2003

Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Paul B. Goist, Appellant Pro Se. Beth Drake, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Paul B. Goist has noted an appeal from the district court’s

order denying Leland M. Bryson’s petition of third party interest

in forfeited property. Goist attempted to assert his interest in

the forfeited property within the proceeding filed by Leland

Bryson. Despite his attempts—both in the district court and in this

court—Goist was not made a party to the proceedings. See

21 U.S.C. § 853

(k), (n) (2000); United States v. Phillips,

185 F.3d 183, 186

(4th Cir. 1999) (“Section 853(n) provides the exclusive means by

which a third party can assert his interest in forfeited

property.”). Accordingly, we deny the United States’ motion to

strike Goist’s informal brief and dismiss Goist’s appeal for lack

of standing. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED

2

Reference

Status
Unpublished