United States v. Goist ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1506
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WILLIAM M. BRYSON, JR.,
Defendant,
versus
PAUL B. GOIST,
Movant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry M. Herlong, Jr., District Judge.
(CR-01-240, CR-01-712)
Submitted: October 1, 2003 Decided: October 17, 2003
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Paul B. Goist, Appellant Pro Se. Beth Drake, Assistant United
States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Paul B. Goist has noted an appeal from the district court’s
order denying Leland M. Bryson’s petition of third party interest
in forfeited property. Goist attempted to assert his interest in
the forfeited property within the proceeding filed by Leland
Bryson. Despite his attempts—both in the district court and in this
court—Goist was not made a party to the proceedings. See 21 U.S.C.
§ 853(k), (n) (2000); United States v. Phillips, 185 F.3d 183, 186
(4th Cir. 1999) (“Section 853(n) provides the exclusive means by
which a third party can assert his interest in forfeited
property.”). Accordingly, we deny the United States’ motion to
strike Goist’s informal brief and dismiss Goist’s appeal for lack
of standing. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
DISMISSED
2