United States Eleventh Circuit

US cannot acquire a convicted defendant's interest in property forfeited under 21 U.S.C. section 853(a) unless the district court orders the interest forfeited as part of judgment in defendant's case. District court's failure to include in its judgment a forfeiture order exceeded a "clerical mistake" under Fed. R. Crim. P. 36.

Appellate Information

• Decided 05/23/2003
• Published 05/23/2003

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT, BIRCH and BARKETT, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Richard F. Della Fera,Entin, Margules & Della Fera, P.A., Ft. Lauderdale, FL, for Andre Pease, Latoya Pease and Reedy.


• For Appellees:
  
• Peggy Morris Ronca, Jacksonville, FL, Linda Julin McNamara, Tamra Phipps, Tampa, FL, for Plaintiff-Appellee.