Houghton

United States v. Houghton

Good Law
132 F. App'x 130
United States Court of Appeals for the Ninth CircuitMay 13, 2005No. 04-30372California345 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Henderson Houghton appeals pro se the district court’s order denying his motion to vacate or set aside a final order of forfeiture regarding property used to commit child pornography offenses in violation of 18 U.S.C. § 2252A(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, see United States v. Kim, 94 F.3d 1247, 1249 (9th Cir.1996), and we affirm.

Houghton contends his due process rights were violated because he received insufficient notice of the post-conviction forfeiture proceedings and because he was given insufficient time to respond to government filings during those proceedings. We disagree. Houghton’s property interest was forfeited upon his *132 conviction. See 18 U.S.C. § 2253 (a). Notice of forfeiture was properly provided to Houghton in the indictment and the judgment of conviction. See Fed.R.Crim.P. 32.2(a)-(b). Houghton had no right to participate in the ancillary forfeiture proceedings which determine the property rights of third parties. Cf. United States v. Bennett, 147 F.3d 912, 914 (9th Cir.1998) (holding preliminary order of forfeiture is a final, appealable order as to the defendant). Even assuming…

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