United States v. $84,740.00 Currency, and Doris Mae Potter, Administrator for Estate of Edwin Dumont Potter, Deceased, Claimant-Appellant

OVERVIEW

Appellant Doris Mae Potter, as Administrator for the Estate of Edwin Dumont Potter (“Potter”), appeals the district court’s order granting forfeiture judgment to Appellee United States Government (“Government”). Potter urges this court to apply the abatement doctrine to this 21 U.S.C. § 881 (a)(6) forfeiture case. The Government argues that we lack jurisdiction because Potter’s notice of appeal failed to specify she was appealing the district court’s denial of her motion for abatement.

The district court had jurisdiction under 28 U.S.C. § 1345 and 28 U.S.C. § 1355 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 and now affirm.

BACKGROUND

On October 14, 1983, authorized agents of the Federal Bureau of Investigation executed a search warrant at the Potter residence. After finding evidence that Edwin Potter (“Edwin”) was manufacturing illegal drugs in his workshop, they arrested him and seized $84,740 from the residence in connection with his illegal drug activity. On November 3, 1983, the Government filed a complaint seeking forfeiture of the currency in the United States District Court for the Central District of California pursuant to 21…