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Dismissal of Appeal of Drug Forfeiture, and Other Criminal Matter

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By FindLaw Staff on May 19, 2010 10:49 AM

Green v. Drug Enf. Admin., No. 07-15334, concerned plaintiffs' appeal from the district court's dismissal of their claim that the DEA lacked jurisdiction over property the DEA seized from plaintiffs and then forfeited to the U.S. in a civil administrative forfeiture proceeding.  The court of appeals dismissed the appeal, holding that the appeal was untimely because Fed. R. App. P. 4(a), which enforced a jurisdictional time limit, was tolled only by timely motions, and plaintiff's Fed. R. Civ. P. 59(e) motion was untimely.

US v. Martinez, No. 08-13846, involved a petition for rehearing of the court of appeal's prior decision, which permitted the government to introduce new evidence on remand to support a claimed leadership sentencing enhancement in a criminal matter.  The court of appeals denied the petition, holding that 28 U.S.C. section 2106 granted the courts of appeal broad discretion to fashion mandates to allow appropriate proceedings on remand in a criminal case, and Eleventh Circuit precedent had long held that an appellate panel may in an appropriate case permit the government to introduce new evidence on a remand for resentencing.

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