Filed: Oct. 22, 2014
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-1506 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Dale A. Moncrieffe; Garfield Kirk Atkins lllllllllllllllllllll Defendants Tariq Liyuen Adevemi Belt lllllllllllllllllllllMovant - Appellant _ Appeal from United States District Court for the Southern District of Iowa - Des Moines _ Submitted: October 17, 2014 Filed: October 22, 2014 [Unpublished] _ Before SMITH, BOWMAN, and BENTON, Circuit Judges. _ PER CUR
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-1506 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Dale A. Moncrieffe; Garfield Kirk Atkins lllllllllllllllllllll Defendants Tariq Liyuen Adevemi Belt lllllllllllllllllllllMovant - Appellant _ Appeal from United States District Court for the Southern District of Iowa - Des Moines _ Submitted: October 17, 2014 Filed: October 22, 2014 [Unpublished] _ Before SMITH, BOWMAN, and BENTON, Circuit Judges. _ PER CURI..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-1506
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Dale A. Moncrieffe; Garfield Kirk Atkins
lllllllllllllllllllll Defendants
Tariq Liyuen Adevemi Belt
lllllllllllllllllllllMovant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Des Moines
____________
Submitted: October 17, 2014
Filed: October 22, 2014
[Unpublished]
____________
Before SMITH, BOWMAN, and BENTON, Circuit Judges.
____________
PER CURIAM.
Federal prisoner Tariq Belt appeals from the order of the District Court denying
his motion claiming ownership of currency that had been forfeited years earlier in
relation to criminal proceedings against a third person. We dismiss the appeal for
lack of jurisdiction.
The order denying Belt’s claim was entered on March 26, 2013. In December
2013, Belt sent a letter to the Chief Judge for the Southern District of Iowa asking
about his claim. The Chief Judge wrote back, notifying Belt of the March 26 order.
Belt acknowledged receipt of the Chief Judge’s reply in correspondence postmarked
December 19. Some weeks later, on February 12, 2014, Belt moved to reopen the
time to appeal; his filing indicated in various places that he mailed it on January 14
or 15, 2014. The District Court granted the motion to reopen and filed Belt’s notice
of appeal on February 14, 2014.
Belt’s motion to reopen the time to appeal, however, was untimely under the
dictates of Rule 4(a)(6) of the Federal Rules of Appellate Procedure (stating that a
motion to reopen the time to file an appeal must be filed within 180 days of the entry
of the order being appealed or within 14 days after the movant receives notice of the
entry, whichever is earlier). See Kocher v. Dow Chem. Co.,
132 F.3d 1225, 1229 (8th
Cir. 1997) (explaining that a motion to reopen the time to appeal for lack of notice
must be filed within the time specified by Rule 4(a)(6)). The District Court therefore
lacked authority to rule on the motion. See Nunley v. City of Los Angeles,
52 F.3d
792, 794–95 (9th Cir. 1995) (noting that a district court has no authority to consider
a motion filed outside the time limits of Rule 4(a)(6)).
Accordingly, we dismiss this appeal for lack of jurisdiction.
______________________________
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