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U.S. v. DE LOS SANTOS

No. 98-41602.

260 F.3d 446 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Anthony DE LOS SANTOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 2001.

Attorney(s) appearing for the Case

Michael Bennett Schwartz, James L. Powers and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Michael Anthony De Los Santos, Fort Worth, TX, pro se.

Before KING, Chief Judge, and BARKSDALE, Circuit Judges and SCHELL, District Judge.

SCHELL, District Judge:

The question before this court is whether a preliminary order of forfeiture is a final, appealable judgment under the 1994 version of Rule 32(d)(2) of the Federal Rules of Criminal Procedure. This is an issue of first impression in the Fifth Circuit. We join the other circuits that have addressed this issue in finding that a preliminary order of forfeiture is a final, appealable judgment.

On December 7, 1995, Michael Anthony De Los...

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