United States v. Bufkin

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 24, 2007
No. 05-60381
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
DEXTER BUFKIN
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:03-CR-12-1
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Dexter Bufkin, federal prisoner # 29726-018, challenges the denial of Otis
Bufkin’s claim of a legal interest in certain property subject to forfeiture in
Dexter Bufkin’s guilty-plea conviction for interstate travel with the intent to
distribute methamphetamine. Generally, “a party may not appeal a district
court’s order to champion the rights of another.” Rohm & Hass Texas, Inc. v.
Ortiz Bros. Insulation, Inc., 32 F.3d 205, 208 (5th Cir. 1994). Under 21 U.S.C.
§ 853(n)(2), “[a]ny person, other than the defendant, asserting a legal interest in
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-60381
property which has been ordered forfeited to the United States may . . . petition
the court for a hearing to adjudicate the validity of his alleged interest in the
property.” Otis Bufkin filed such a petition. See § 853(n). Dexter Bufkin has no
standing to file such a petition and has no standing to appeal the court’s denial
of Otis Bufkin’s petition. See § 853(n); Rohm & Hass Texas, Inc., 32 F.3d at 208.
APPEAL DISMISSED.
2