United States v. Vacant Land Located at 10th St. And Challenger Way in Palmdale, Ca., Peter J. Baxter and Frank Edward Gegax, Claimants-Appellants

ORDER

The opinion filed on October 4, 1993, 6 F.3d 662 , is amended as follows:

[The amendments have been incorporated for purposes of publication]

OPINION

Peter J. Baxter appeals the district court’s order dismissing his claim for the defendant property because he lacked standing. Frank Edward Gegax appeals the district court’s order denying his motion to file a late claim. We affirm the judgment of the district court.

PROCEEDINGS

On April 9, 1991 the United States filed a complaint of forfeiture in rem of vacant land located at Tenth Street/Challenger Way, Palmdale, California. The complaint alleged that the property was used “with the knowledge and consent of the true owner, Frank Gegax” to facilitate marijuana cultivation through the storage upon the property of diesel fuel trucks, electronic generators and soil used in marijuana cultivation at two other locations owned by Frank Gegax. The complaint further noted that the property had been bought by Alan Gegax, brother of Frank, on Frank’s behalf and deeded by Alan Gegax on August 21, 1989 to Peter Baxter, father-in-law of Frank. The complaint finally stated that the title of the property was “recorded in the name of…