Rodney Sanders v. United States
Rodney Sanders v. United States
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 18-1286 ___________________________
Rodney Lamont Sanders
lllllllllllllllllllllPlaintiff - Appellant
v.
United States of America
lllllllllllllllllllllDefendant - Appellee ____________
Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________
Submitted: December 26, 2018 Filed: January 8, 2019 [Unpublished] ____________
Before BENTON, SHEPHERD, and STRAS, Circuit Judges. ____________
PER CURIAM.
Rodney Sanders appeals the district court’s1 denial of his 18 U.S.C. § 983(e) motion to set aside a civil forfeiture of property. He argues that he did not receive
1 The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas. notice of the forfeiture proceeding and that the government failed to take “reasonable steps” to ensure he received notice. Id. § 983(e)(1)(A). We review the court’s factual findings for clear error and its legal conclusions de novo. See United States v. Crumble, 878 F.3d 656, 659 (8th Cir. 2018); United States v. Quintero, 648 F.3d 660, 665 (8th Cir. 2011).
Having carefully reviewed the record and the parties’ arguments on appeal, we conclude that the government took “reasonable steps” to notify Sanders of the forfeiture proceeding, even if the notice did not reach him. 18 U.S.C. § 983(e)(1)(A); cf. Dusenbery v. United States, 534 U.S. 161, 168–73 (2002) (describing the due- process requirements for notice of a forfeiture proceeding and stating that actual notice is not required). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________
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Reference
- Status
- Unpublished