United States v. Ohle, No. 16-601 (2d Cir. 2018)Annotate this Case
21 U.S.C. 853(n) proceedings are civil and thus governed by the time limits in Federal Rule of Appellate Procedure 4(a), which are jurisdictional because they implement the requirements of 28 U.S.C. 2107. The clock starts to run at the issuance of the first order and does not reset at the issuance of the second order. In this case, the Second Circuit held that appellants did not file their notice of appeal within sixty days of the district court's order, as required by Rule 4(a). Therefore, the court dismissed the appeal based on lack of jurisdiction.