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United States v. Osborn
357 F. App'x 109
9th Cir.
2009
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Docket

*1 Before: KOZINSKI, Chief Judge, FISHER and PAEZ, Circuit Judges.

Shelly Osborn appeals from the entry of a criminal forfeiture order seizing her home. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The district court correctly found that Osborn’s petition was time-barred because it was filed 71 days after receiving notice of the preliminary order of forfeiture. 21 U.S.C. § 853(n)(2); Fed. R. Crim. P. 32.2(c)(2). Even assuming the *2 district court could waive the time bar for excusable neglect under Federal Rule of Civil Procedure 60(b), the district court did not abuse its discretion in declining to do so.

AFFIRMED.

2

Notes

[*] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case Details

Case Name: United States v. Osborn
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Dec 1, 2009
Citation: 357 F. App'x 109
Docket Number: 06-30346
Court Abbreviation: 9th Cir.
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