United States v. Osborn , 357 F. App'x 109 ( 2009 )

FILED
NOT FOR PUBLICATION DEC 01 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 06-30346
Plaintiff - Appellee, D.C. No. CR-05-00007-CCL
v.
MEMORANDUM *
SHELLEY R. OSBORN,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Argued and Submitted November 3, 2009
Portland, Oregon
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
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