UNITED STATES v. WAITS (2020)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Anthony Leon WAITS, Defendant - Appellant.

No. 19-3382

Decided: December 08, 2020

Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.

Allison Waldrip Bragg, Jana K. Harris, Assistant U.S. Attorney, Stacey E. McCord, Assistant U.S. Attorney, Cameron C. McCree, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Arkansas, Little Rock, AR, for Plaintiff - Appelle Anthony Leon Waits, Pro Se Brett David Watson, Brett D. Watson, Attorney At Law, Searcy, AR, for Defendant - Appellant

[Unpublished]

Anthony Waits appeals after the district court ¹ 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.

FOOTNOTES

1. The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas.

PER CURIAM.

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