Filed: Jul. 26, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 26, 2007 Charles R. Fulbruge III Clerk No. 07-30090 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EDWARD LEWIS HANSARD, Claimant-Appellant. Appeal from the United States District Court for the Western District of Louisiana (5:88-CV-1318) Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM:* Proceeding pro se, Edward Lewis Hansard appeals the distri
Summary: United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 26, 2007 Charles R. Fulbruge III Clerk No. 07-30090 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EDWARD LEWIS HANSARD, Claimant-Appellant. Appeal from the United States District Court for the Western District of Louisiana (5:88-CV-1318) Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM:* Proceeding pro se, Edward Lewis Hansard appeals the distric..
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United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 26, 2007
Charles R. Fulbruge III
Clerk
No. 07-30090
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDWARD LEWIS HANSARD,
Claimant-Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
(5:88-CV-1318)
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Proceeding pro se, Edward Lewis Hansard appeals the district
court’s denial, without written reasons, of his post-judgment
motion seeking to void the civil forfeiture of $197,577 in United
States currency pursuant to 21 U.S.C. § 881(a)(6).
Hansard filed the motion at issue 18 years after the currency
was seized pursuant to a default judgment, and two years after the
denial of his Federal Rule of Civil Procedure 60(b) motion for
relief from that judgment, which our court affirmed in United
*
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this opinion should not be published and is not precedent except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.
States v. $197,557.00 in U.S. Currency, 170 F. App’x 328 (5th Cir.
2006). In the instant motion, he contended: pursuant to Scarabin
v. Drug Enforcement Admin.,
966 F.2d 989 (5th Cir. 1992), the
district court lacked subject-matter jurisdiction over the
forfeiture proceeding because the Drug Enforcement Administration
possessed only a cashier’s check and never possessed the actual
currency; and, therefore, the default judgment was void. (This
same issue was raised in the above-referenced appeal. Because it
was raised for the first time on appeal, our court did not consider
it. $197,557.00 in U.S. Currency, 170 F. App’x at 328.)
Liberally construed, Hansard’s motion again sought relief
pursuant to Rule 60(b)(4) (allowing relief “from a final judgment
... [if] the judgment is void”). See Harcon Barge Co., Inc. v. D
& G Boat Rentals, Inc.,
784 F.2d 665, 667 (5th Cir. 1986) (en banc)
(“If ... the motion asks for some relief other than correction of
a purely clerical error and is served after ... [ten days from the
judgment], then Rule 60(b) governs its timeliness and effect.”);
see also Callon Petroleum Co. v. Frontier Ins. Co.,
351 F.3d 204,
208 & n.9 (5th Cir. 2003) (“a judgment may be set aside under Rule
60(b)(4) ... if the initial court lacked subject matter ...
jurisdiction”). The denial of such a motion is reviewed de novo.
See
Callon, 351 F.3d at 208; see also, e.g., Gandy Nursery, Inc. v.
United States,
318 F.3d 631, 636 (5th Cir. 2003) (“Subject matter
jurisdiction is reviewed de novo as a question of law.”).
2
Rule 60(b)(4) relief, however, is not available to Hansard.
A district court’s exercise of subject-matter jurisdiction, even if
erroneous, is res judicata and is not subject to collateral attack
through Rule 60(b)(4) if the party seeking to void the judgment had
the opportunity previously to challenge jurisdiction and failed to
do so. See Ins. Corp. of Ireland, Ltd. v. Compagnie des Bauxites
de Guinee,
456 U.S. 694, 702 n.9 (1982); Picco v. Global Marine
Drilling Co.,
900 F.2d 846, 850 (5th Cir. 1990) (where party had
notice of order in question and opportunity to challenge
jurisdiction on appeal, but did not do so, holding he was “barred
from challenging ... jurisdiction in a Rule 60(b)(4) proceeding”).
Hansard did not appeal the default judgment, and did not challenge
jurisdiction in his previously-filed Rule 60(b) motion.
Accordingly, denial of the instant motion was proper. See Ins.
Corp. of
Ireland, 456 U.S. at 702 n.9;
Picco, 900 F.2d at 850.
AFFIRMED
3