United States Sixth Circuit

After a criminal forfeiture action under 21 U.S.C. section 853, a motion to set aside judgment under FRCP 60(b) was properly denied based on claimant's failure to demonstrate 1) excusable neglect, or 2) that failure to comply with discovery was due to any inability to comply.

Appellate Information

• Decided 08/29/2002
• Published 10/07/2002

Judges

• Before:  SUHRHEINRICH and BATCHELDER, Circuit Judges;  LITTLE, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Steven J. Vander Ark, Grand Rapids, Michigan, for Appellant., J. Edmund Frost, Bay City, Michigan, for Appellant.


• For Appellees:
  
• Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee., Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.