IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-21127 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RUDOLFO ARIAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-95-CR-142-11 -------------------- June 29, 2001 Before DAVIS, JONES, and DeMOSS, Circuit Judges.

PER CURIAM:* Rudolfo Arias appeals from the dismissal of his motion for return of property pursuant to FED. R. CRIM. P. 41(e). Arias does not argue the jurisdictional basis for the dismissal of his motion beyond merely stating the issue, and he does not brief whether he had standing to raise his daughter’s interests. We do not address Arias’s double-jeopardy contention, which he raises for the first time in his reply brief. See Taita Chem. Co. v. Westlake Styrene Corp., 246 F.3d 377, 384, n.9 (5th Cir. 2001).

Arias has failed to brief the relevant issues for appeal,

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

No. 00-21127 -2- Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987); his appeal is dismissed as frivolous.

APPEAL DISMISSED. 5TH CIR. R. 42.2.