US v. Soledad De Avilez, No. 11-1880 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1880 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SOLEDAD LOPEZ DE AVILEZ; MATEO AVILEZ DUARTE, Claimants Appellants, and JULIAN AVILEZ, Defendant, DON CECIL HINSON, Claimant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, District Judge. (7:08-cr-00028-D-1) Submitted: June 26, 2012 Decided: July 26, 2012 Before MOTZ, DAVIS, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Jorgelina Carolina, E. Araneda, ARANEDA LAW for Appellants. Thomas FIRM, PC, Raleigh, North G. Walker, United States Attorney, Jennifer P. May-Parker, Stephen A. West, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Soledad Lopez De Avilez and Mateo Avilez Duarte appeal the district court s order dismissing their petition with respect to real property subject to an order of forfeiture and entering a final order of forfeiture. The district court dismissed the petition as a sanction for failure to comply with a court order compelling discovery. We have reviewed the briefs and the relevant portions of the record and find no abuse of discretion by the district court. Accordingly, we affirm for the reasons stated by the district court. Avilez, dispense No. 7:08-cr-00028-D-1 with oral argument (E.D.N.C. because July the United States v. 29, 2011). facts and We legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process. AFFIRMED 3

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