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U.S. v. DAVENPORT

No. 11-10743.

668 F.3d 1316 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Juanita DAVENPORT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 3, 2012.

Attorney(s) appearing for the Case

Danial E. Bennett , Tamara A. Jarrett , Michael J. Moore , U.S. Atty., Michelle Lee Schieber , Macon, GA, Stefan D. Cassella , Baltimore, MD, for Plaintiff-Appellee.

James W. Howard , The Howard Law Firm, PC, Tucker, GA, for Defendant-Appellant.

Before HULL, MARCUS and BLACK, Circuit Judges.

BLACK, Circuit Judge:

Juanita Davenport appeals from a final order of criminal forfeiture concerning $214,980.00 in U.S. currency seized from a safe deposit box. Davenport challenges (1) the district court's denial of her motion to vacate the preliminary order of forfeiture (POF) issued against her former codefendant, Orlando Muckle, with regard to the currency; (2) the dismissal of her ancillary petition to the property under 21 U.S.C. § 853(n) for its untimeliness...

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