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U.S. v. Bradley

Civil Appeal of Criminal Forfeiture Not Timely Filed in 60 Days of Aug. 20, 2015, Order

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On Appeal from the United States District Court for the Southern District of New York

*1 This appeal raises two questions pertaining to this Court’s jurisdiction. The first question is whether appeals from a 21 U.S.C. §853(n) proceeding, in which third parties claim an interest in criminally forfeited property, are civil or criminal for purposes of Federal Rule of Appellate Procedure 4. We hold that §853(n) proceedings are civil and, thus, governed by the time limits in Rule 4(a), which are jurisdictional because they implement the requirements of 28 U.S.C. §2107.The second question is whether the clock starts to run on filing a notice of appeal at time one, when a district court enters an initial order announcing its decision, or at time two, when the district court enters a later order reaffirming its decision and explaining its reasoning. We hold that the clock starts to run at the issuance of the first order and does not reset at the issuance of the second order.Because Appellants did not file their notice of appeal within sixty days of the district court’s first order, as required by Rule 4(a), we DISMISS the appeal for lack of jurisdiction.

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