United States v. Antonio Triplett

U.S. Court of Appeals for the Eighth Circuit
United States v. Antonio Triplett, 240 F. App'x 736 (8th Cir. 2007)

United States v. Antonio Triplett

Opinion

PER CURIAM.

Antonio Triplett appeals the district court’s 1 order denying his motion for return of seized property under Federal Rule of Criminal Procedure 41(g). Because Triplett’s property was seized in September 2000, his action was subject to the provisions of the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), Pub. L. No. 106-185, 114 Stat. 202, codified in part at 18 U.S.C. § 983, which applies to forfeiture actions initiated after August 23, 2000. See Mesa Valderrama v. United States, 417 F.3d 1189, 1195 (11th Cir. 2005). Under CAFRA, a person who does not receive notice in a nonjudicial civil forfeiture may move to set aside the forfeiture, but *737 such motion must be filed within 5 years after the date of final publication of the seizure notice, and is the exclusive remedy to set aside a declaration of forfeiture. See 18 U.S.C. § 988(e). Triplett’s action, filed more than 5 years after the date of final publication in the Wall Street Journal on November 20, 2000, is time-barred. See 18 U.S.C. § 983(e)(3). Accordingly, we affirm.

1

. The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Antonio TRIPLETT, Appellant
Cited By
2 cases
Status
Unpublished