United States of America, Plaintiff-appellee, v. Jeffrey Jay Rutgard, Defendant,linda J. Rutgard, Third Party Petitioner to Forfeitedassets, Third-party-petitioner Appellant, 111 F.3d 139 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 111 F.3d 139 (9th Cir. 1997) Argued and Submitted Nov. 7, 1996. Decided April 9, 1997

Before: GOODWIN, WIGGINS, AND NOONAN, Circuit Judges:


Linda Rutgard, third-party petitioner/appellant, appeals the district court's denial without a hearing of her petition filed under 21 U.S.C. § 853(n) asserting a claim in forfeited assets. On June 26, 1995, the district court entered an order of criminal forfeiture in the amount of $7,564,441.22 against Jeffrey Rutgard, Mrs. Rutgard's husband. On July 24, 1995, Mrs. Rutgard filed a petition asserting a claim to those forfeited assets and requesting a hearing. The district court denied her petition and she appealed.

We recently issued an opinion reversing the forfeiture order against Jeffrey Rutgard. United States v. Rutgard, No. 96-50309 (9th Cir. filed Mar. 6, 1997). Accordingly, Mrs. Rutgard's appeal is dismissed as moot.