Filed: Dec. 26, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-30431 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ARTHUR WILLIAMS, also known as Pop, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 93-CR-10012-6 - December 19, 2000 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Arthur Williams, federal prisoner # 08395-035, appeals the district court’s dismissal of his motion
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-30431 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ARTHUR WILLIAMS, also known as Pop, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 93-CR-10012-6 - December 19, 2000 Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:* Arthur Williams, federal prisoner # 08395-035, appeals the district court’s dismissal of his motion ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30431
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTHUR WILLIAMS, also known as Pop,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 93-CR-10012-6
--------------------
December 19, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Arthur Williams, federal prisoner # 08395-035, appeals the
district court’s dismissal of his motion for return of seized
property under Rule 41(e) of the Federal Rules of Criminal
Procedure. Williams argues that the Government violated his due
process rights by sending notice of the seizure of the money to
his home address although he was in prison, the Government failed
to publish the notice in accordance with 19 U.S.C. § 1607, the
Government waited eleven and one half months after the seizure to
send notice of the seizure, and the district court erred in
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-30431
-2-
denying his motion for return of the money seized. In his
appellate brief, Williams does not address the district court’s
dismissal of his motion for lack of standing. In his reply
brief, Williams argues that standing is not an issue because it
was not raised by the parties in the district court; he argues
that he established his standing because he testified at trial
that the money belonged to him. Williams’ bare assertion of
ownership, without more, is inadequate to prove an ownership
interest sufficient to establish standing. See United States v.
$38,570 in U.S. Currency,
950 F.2d 1108, 1112 (5th Cir. 1992).
Williams himself testified at trial that he received the money
seized on August 21, 1992, ($24,466) from Michael Johnson and
that he gave the money to R.B. Mills as payment for drugs.
Williams also testified that he gave the money seized on
September 2, 1992, ($3080) to Mills in payment for three ounces
of cocaine that Williams himself had previously purchased.
Because Williams did not establish that he was the owner of the
money seized, the district court did not err in dismissing
Williams’ Rule 41(e) motion for lack of standing.
AFFIRMED.