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

United States v. Osborn

United States v. Osborn
U.S. Court of Appeals for the Ninth Circuit · Decided December 1, 2009 · Kozinski, Fisher, Paez
357 F. App'x 109

United States v. Osborn

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.

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