UNITED STATES of America, Plaintiff-Appellee v. Rigoberto Melero AGUIRRE, Defendant Maria Jessica Aguirre, Appellant.
No. 11-50658
United States Court of Appeals, Fifth Circuit.
May 17, 2012.
Summary Calendar.
Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
Rigoberto Melero Aguirre (Mr. Aguirre) pleaded guilty to conspiracy to possess with intent to distribute five kilograms or more of cocaine, and he was sentenced to life imprisonment, a lifetime term of supervised release, a $100 special assessment, and a $1,000,000 fine. Mr. Aguirre‘s wife, third party petitioner Maria Jessica Aguirre (Mrs. Aguirre), appeals the district court‘s denial of her motion for relief from final judgment of forfeiture and petition for adjudication of interest in Mr. Aguirre‘s real properties that were forfeited to the Government (the forfeiture properties), the district court‘s grant of the Government‘s petition to foreclose liens, and the district court‘s denial of her petition for adjudication of interest in Mr. Aguirre‘s real properties that were subject to foreclosure (the foreclosure properties).
Mrs. Aguirre argues that the district court abused its discretion by denying her motion for relief from the final judgment of forfeiture and her petition for adjudication of interest in the forfeiture properties. She maintains that she showed excusable neglect sufficient to be granted relief from the final judgment of forfeiture pursuant to Federal Rule of Civil Procedure 60(b)(1) based upon her husband‘s incarceration, her new role as the single parent of six children, and her lack of legal knowledge. She asserts that she has a valid interest in the forfeiture properties under Texas community property law. She contends that the district court erred by not conducting an examination into the application of Rule 60(b) to her petition, by not examining the merits of her interest in the forfeiture properties, and by not holding a hearing on her claims.
A third party claiming an interest in the property to be forfeited may petition the court for an adjudication of her interest in that property within 30 days1 of the publication of the final notice of forfeiture or her receipt of notice of the forfeiture, whichever is earlier.
As Mrs. Aguirre‘s petition was admittedly untimely, she was required to show that she was entitled to relief under Rule 60(b) for her petition to be considered. See id. As noted by the district court, finding excusable neglect on the grounds raised by Mrs. Aguirre would prejudice the Government because those circumstances would apply to most spouses of convicted criminals and allow for the reopening of numerous forfeitures. The length of Mrs. Aguirre‘s delay also weighed against a finding of excusable neglect because her petition was filed nearly four months after
Mrs. Aguirre‘s assertion that the district court erred by not examining the application of Rule 60(b) to her petition is without merit because the district court analyzed her request for relief under the proper Rule 60(b) standards. See Silvercreek Mgmt. LLC, v. Banc of Am. Secs. LLC, 534 F.3d 469, 472 (5th Cir.2008). Her argument that the district court erred by refusing to hold a hearing on her petition is without merit because the district court was authorized to dismiss her petition on a motion to dismiss without holding a hearing. See
Mrs. Aguirre argues that the district court erred by denying her petition for adjudication of interest in the foreclosure properties. She asserts that she had an interest in the foreclosure properties under Texas community property law. She mistakenly asserts that the foreclosure properties were subject to forfeiture, and the cases she cites are forfeiture cases. Mrs. Aguirre argues that the district court should have held a prompt hearing on her petition.
While it was undisputed that Mrs. Aguirre held a community property interest in at least some of the foreclosure properties, Texas law provides that community property subject to a debtor‘s sole or joint management or control is subject to the debtor‘s liabilities.
As the foreclosure properties were subject to foreclosure, not forfeiture, Mrs. Aguirre‘s arguments regarding forfeiture law are not relevant to this appeal. Mrs. Aguirre‘s assertion that the district court should have held an evidentiary hearing is also without merit because Mrs. Aguirre has not identified any law requiring such a hearing and has not identified any disputed issue of fact that would have necessitated an evidentiary hearing. Cf. United States v. Harrelson, 705 F.2d 733, 737 (5th Cir.1983). To the extent that Mrs. Aguirre argues that the district court did not promptly rule on her petition, her argument is without merit as the district court issued its ruling less than a month after Mrs. Aguirre filed her petition.
AFFIRMED.