USA v. Andre Dupree Cogdell, No. 05-10004 (11th Cir. 2006)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 05-10004 Non-Argument Calendar ________________________ ELEVENTH CIRCUIT MARCH 27, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 99-00208-CR-PAS UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANDRE DUPREE COGDELL, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (March 27, 2006) Before TJOFLAT, CARNES and PRYOR, Circuit Judges. PER CURIAM: On May 23, 2000, the district court sentenced appellant to prison terms totaling 420 months for conspiring to traffick cocaine and related offenses. In addition to sentencing appellant to prison, the court, as part of its final judgment, forfeited to the Government appellant s interest in $59,000 the Government had seized. Appellant appealed his convictions and sentences, and we affirmed. United States v. Cogdell, No. 00-13320 (December 27, 2001) (not published). On October 15, 2004, appellant filed a motion for return of property, i.e., the $59,000 forfeited to the Government. The court denied his motion. He now appeals this ruling. We affirm. Appellant s sole means of recourse for obtaining this forfeited property was in his direct appeal of his convictions and sentences, not a motion for the return of property. AFFIRMED. 2
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