United States v. Anthony Waits, No. 19-3382 (8th Cir. 2020)

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Court Description: [Per Curiam - Before Colloton, Shepherd, and Kobes, Circuit Judges] Criminal case - Criminal law. Forfeiture order affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3382 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Anthony Leon Waits, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: November 24, 2020 Filed: December 8, 2020 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges. ____________ PER CURIAM. Anthony Waits appeals after the district court1 entered an amended order of forfeiture, following this court’s affirmance of his wire fraud conviction and remand of the forfeiture issue for further proceedings. Upon careful review, we conclude that the district court did not err by ordering forfeiture under 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). Although the indictment cited only 18 U.S.C. § 982, Waits had adequate notice that the government intended to seek forfeiture. See Fed. R. Crim. P. 32.2(a); United States v. Silvious, 512 F.3d 364, 370 (7th Cir. 2008). Accordingly, we affirm, see 8th Cir. R. 47B, and deny Waits’s pending motion as moot. ______________________________ 1 The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas. -2-

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