Eleventh Circuit Court of Appeals - Published Opinions

Monday, February 06, 2012

Davenport: Failure to timely challenge forfeiture order

In U.S. v. Davenport, No. 11-10743 (Feb. 3, 2012), the Court affirmed the denial of a defendant’s attempt to challenge the order of forfeiture entered in a co-defendant’s criminal case.

The Court first noted that a co-defendant lacks standing to challenge the validity of a preliminary order of forfeiture entered in another defendant’s criminal case.

The Court found that Davenport’s ancillary petition under 21 U.S.C. § 853(n), challenging the forfeiture order, was untimely. The notice of forfeiture sent to Davenport’s attorney provided adequate notice of forfeiture.

Finally, the Court found no basis for relief under Federal R. Civ. P. 60(b), finding that Davenport’s lawyer’s failure to understand the law governing adequate notice did not qualify as “excusable neglect.”