United States v. Davenport, No. 11-10743 (11th Cir. 2012)Annotate this Case
Defendant appealed from a final order of criminal forfeiture seized from a safe deposit box. The court held that the district court did not err in finding that defendant lacked standing to challenge the validity of the preliminary order forfeiture (POF). Therefore, the court lacked jurisdiction over this claim. The court also held that the district court did not err in dismissing defendant's petition as untimely under 21 U.S.C. 853(n) and the district court did not abuse its discretion in declining to grant relief under Rule 60(b)(1) based on excusable neglect. Accordingly, the court dismissed in part and affirmed in part.