United States v. Mercedes ( 1999 )

USCA1 Opinion

       [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 98-2019



                          UNITED STATES,



                       Plaintiff, Appellee,



                                v.



    ONE 1986 MERCEDES BENZ 330E VIN WDBEA30D89A309533, ET AL.,



                     Defendants, Appellants.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                FOR THE DISTRICT OF MASSACHUSETTS



         [Hon. Edward F. Harrington, U.S. District Judge]







                              Before



                     Boudin, Circuit Judge,

                Campbell, Senior Circuit Judge,

                   and Stahl, Circuit Judge.











     Augustine A. Ahanon on brief pro se.

     Donald K. Stern, United States Attorney, and Shelbey D.

Wright, Assistant U.S. Attorney, on brief for appellee.











October 15, 1999

















            Per Curiam.  Appellant Augustine A. Ahanon appeals

  from the district court's decision to grant the motion of the

  United States for entry of default and summary judgment in this

  civil forfeiture in rem action.  We affirm the judgment of the

  district court because Ahanon failed to raise in the district

  court the arguments he presents on appeal.  "Our law is clear

  that a party ordinarily may not raise on appeal issues that

  were not seasonably advanced (and, hence, preserved) below."

  Daigle v. Maine Med. Ctr., Inc., 14 F.3d 684, 687 (1st Cir.

  1994).  This rule "applies with full force to constitutional

  challenges."  Id. at 688.  Appellant thus has waived his

  arguments regarding insufficient notice and the failure of the

  district court to treat his letter as the functional equivalent

  of a claim.

            Affirmed.  See Local Rule 27.1.