United States v. Osborn

U.S. Court of Appeals for the Ninth Circuit December 1, 2009

United States v. Osborn, 357 F. App'x 109 (9th Cir. 2009)

Opinion

MEMORANDUM *

Shelly Osborn appeals from the entry of a criminal forfeiture order seizing her home. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The district court correctly found that Osborn’s petition was time-barred because it was filed 71 days after receiving notice of the preliminary order of forfeiture. 21 U.S.C. § 853(n)(2); Fed.R.Crim.P. 32.2(c)(2). Even assuming the district court could waive the time bar for excusa *110 ble neglect under Federal Rule of Civil Procedure 60(b), the district court did not abuse its discretion in declining to do so.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name: UNITED STATES of America, Plaintiff-Appellee, v. Shelley R. OSBORN, Defendant-Appellant
Status: Unpublished