U.S. v. CLOSE

No. 18-30122.

931 F.3d 1218 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher CLOSE, Defendant, and Lost Creek Trust, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2019.


Attorney(s) appearing for the Case

Arthur M. Bistline , Bistline Law PLLC, Coeur d'Alene, Idaho, for Claimant-Appellant.

William Humphries and Kevin T. Maloney , Assistant United States Attorneys; Bart M. Davis , United States Attorney; Office of the United States Attorney Boise, Idaho; for Plaintiff-Appellee.

Before: Richard A. Paez and Carlos T. Bea, Circuit Judges, and C. Ashley Royal, District Judge.


ORDER

We are presented with the issue whether an appeal of a third-party proceeding ancillary to a criminal forfeiture action should be treated as a "civil" or "criminal" case for purposes of determining the deadline to file a petition for panel rehearing or rehearing en banc under Federal Rule of Appellate Procedure 40(a). In a similar context, we have held that for purposes of determining the timeliness of an appeal related to a third-party petition to amend a...

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