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US v. Cone, No. 09-13824

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By FindLaw Staff on December 17, 2010 7:21 PM

Dismissal of Appeal from Forfeiture Order

In US v. Cone, No. 09-13824, a third party's appeal from the district court's order vacating preliminary orders of forfeiture (POFs) that had become part of the final judgments entered in this criminal case against defendants, the court dismissed the appeal where, as a non-party petitioner from a vacated ancillary proceeding, appellant had no standing to challenge the district court's vacatur order.

 

As the court wrote:  "ClearGlass, LLC ("ClearGlass") appeals from the district court's order
vacating preliminary orders of forfeiture ("POF") that had become part of the final judgments entered in this criminal case against Michael and Joanne Cone. We conclude that ClearGlass--as a non-party petitioner from a vacated ancillary proceeding--has no standing to challenge the district court's vacatur order; therefore, we dismiss ClearGlass's appeal."

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