United States v. Real Property

2 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. REAL PROPERTY, located at 1836 West Florence Avenue, Los Angeles, California, Defendant; Lois Elaine AUSTIN, Claimant-Appellant. No. 92-55104. United States Court of Appeals, Ninth Circuit. Submitted July 15, 1993. * Decided Aug. 2, 1993. Before GIBSON, ** HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM *** 2 This appeal challenges the forfeiture of a pharmacy where prescription drugs were illegally distributed. Lois Elaine Austin is the primary owner of the pharmacy, and on appeal argues that: 1) the district court should have granted a continuance so that the lawyer of her choice could have tried the case, and 2) there was not probable cause to justify the forfeiture. The government argues that Austin's notice of appeal was not timely, because it was filed before the order denying her motion for new trial was entered. We dismiss for lack of jurisdiction. 3 The…