Eleventh Circuit Court of Appeals - Published Opinions

Monday, December 20, 2010

Cone: Non-parties lack standing in criminal case

In U.S. v. Cone, No. 09-13824 (Dec. 17, 2010), the Court held that once the district court vacated its preliminary order of forfeiture, non-parties to the criminal proceeding lacked standing to challenge the district court’s vacatur of the order of forfeiture. The Court noted that once the district court vacated the forfeiture order, nothing remained at stake in the criminal case for the non-parties, and they therefore lacked standing. The Court therefore dismissed the appeal, for lack of jurisdiction.