UNITED STATES v. Lost Creek Trust, Claimant-Appellant. (2019)

MEMORANDUM ***

Appellant Lost Creek Trust appeals the district court's final order in an ancillary forfeiture proceeding related to the criminal case of Defendant Christopher Close. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

1. Lost Creek Trust lacks standing to challenge the final order of forfeiture. We recently affirmed the district court's ruling that Lost Creek Trust failed to prove it had a legal interest in the Winch Road Property pursuant to 21 U.S.C. § 853(n). United States v. Close, 755 Fed. App'x 626, 628–29 (9th Cir. 2018). Without having established a legal interest in the property, Lost Creek Trust has no standing to challenge the final order of forfeiture.

2. Lost Creek Trust moves to substitute Close, the criminal defendant, as appellant. Close's “right, title and interest in said property” was ordered forfeited in March 2005, and the forfeiture order became final as to Close shortly thereafter, at sentencing. See Fed. R. Crim. P. 32.2(b)(4)(A). As the criminal defendant, Close does not have standing to challenge the forfeiture order in the ancillary proceedings. 21 § U.S.C. 853(n)(2) (referring to “[a]ny person, other than the defendant”). We therefore deny the motion to substitute.

AFFIRMED.