Osborn

United States v. Osborn

Good Law
357 F. App'x 109
United States Court of Appeals for the Ninth CircuitDecember 1, 200906-30346California113 words

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 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.