United States v. A. Dell Inspiron Laptop
665 F. App'x 708
| 10th Cir. | 2016Background
- Philip Andra Grigsby pleaded guilty to multiple counts including sexual exploitation of a child, possession of child pornography, and being a felon in possession of a firearm; district court sentenced him and ordered forfeiture of listed property to the United States.
- The government obtained a Preliminary Order of Forfeiture (Jan. 30, 2013) and posted notice on www.forfeiture.gov for 30 days and mailed the Preliminary Order to the seizure location in June 2013.
- At sentencing (May 20, 2013) the court orally announced the forfeiture and included the Preliminary Order by reference in the judgment, which under Rule 32.2(b)(4) made the forfeiture final as to Grigsby.
- The Final Order of Forfeiture (Feb. 25, 2016) addressed third-party claims and listed the same property; some items were later returned to Mrs. Grigsby and the government planned to amend the Final Order.
- Grigsby, proceeding pro se, appealed the Final Order claiming deficient notice to him, his wife, and his mother; the government moved to dismiss for lack of jurisdiction, arguing Grigsby lacked standing to challenge the Final Order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate court has jurisdiction because Grigsby has Article III standing to challenge the Final Order of Forfeiture | Grigsby contends the United States provided deficient notice of the Final Order to him, his wife, and his mother, and thus he was injured | Government argues Mr. Grigsby lacks standing because his interest in the property was extinguished at sentencing; Final Order only affected third-party claims | Court held Grigsby lacks Article III standing because his interest was extinguished at sentencing; dismissed appeal for lack of jurisdiction |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (standing requires injury in fact, traceability, redressability)
- W. Energy All. v. Salazar, 709 F.3d 1040 (10th Cir. 2013) (jurisdiction is threshold for appellate review)
- Habecker v. Town of Estes Park, 518 F.3d 1217 (10th Cir. 2008) (standing is component of case-or-controversy requirement)
- Nova Health Sys. v. Gandy, 416 F.3d 1149 (10th Cir. 2005) (reciting standing elements)
- Green v. Haskell Cty. Bd. of Comm’rs, 568 F.3d 784 (10th Cir. 2009) (lack of injury forecloses Article III jurisdiction)
- United States v. Stone, 435 F. App’x 320 (5th Cir. 2011) (preliminary forfeiture becomes final as to defendant at sentencing)
- United States v. De Los Santos, 260 F.3d 446 (5th Cir. 2001) (preliminary order is final judgment as to defendant)
- United States v. Petrie, 302 F.3d 1280 (11th Cir. 2002) (post-sentencing Rule 32.2 activity concerns third-party interests)