UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-7034

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ALAN B. FABIAN,

Defendant – Appellant,

and

JACKIE FABIAN,

Movant – Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:07-cr-00355-CCB-1)

Submitted: January 30, 2012 Decided: February 16, 2012

Before SHEDD, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Alan B. Fabian, Jackie Fabian, Appellants Pro Se. Jonathan Biran, Assistant United States Attorney, Tonya Nicole Kelly, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Alan and Jackie Fabian appeal from the district

court’s order granting the government’s motion to clarify the

forfeiture order entered in Alan Fabian’s criminal case. We

have reviewed the record and the arguments of the parties and we

find no reversible error. Additionally, we hold that the

Fabians are collaterally estopped from seeking to relitigate the

relevant issue in this appeal because the North Carolina

Superior Court decided the issue in a case before that court

after the Fabians had a full and fair opportunity to litigate

the very issue on appeal in this court. See Sartin v. Macik,

(4th Cir. 2008); State v. Summers,

(N.C. 2000). Accordingly, we affirm the district

court’s decision. 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.

AFFIRMED

3