Opinion
No. 19-6734
07-23-2019
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARTIN MARTINEZ SALDANA, Defendant - Appellant.
Martin Martinez Saldana, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Frank D. Whitney, Chief District Judge. (5:12-cr-00049-FDW-DCK-1) Before WILKINSON, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Martin Martinez Saldana, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Martin Martinez Saldana seeks to appeal the district court's order granting the Government's motion for a final order confirming forfeiture. See Fed. R. Crim. P. 32.2(c)(2). While a criminal defendant may appeal a preliminary forfeiture order, he may not appeal a final forfeiture order entered after an ancillary proceeding addressing whether the Government or a third party will obtain the forfeited property. See United States v. Amodeo, 916 F.3d 967, 972 (11th Cir. 2019). Accordingly, we conclude that Saldana does not have standing to appeal the final forfeiture order and dismiss the appeal for lack of jurisdiction. See id. at 973. We deny Saldana leave to proceed under the Criminal Justice Act, 18 U.S.C. § 3006A (2012), and deny his motion for appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED