United States v. $7,298.00 In US ( 1996 )


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  •                 IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 95-10973
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    $7,298.00 IN UNITED STATES CURRENCY,
    Defendant,
    LEONEL GAMEZ RODRIGUEZ,
    Claimant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:95-CV-0697
    - - - - - - - - - -
    June 27, 1996
    Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
    PER CURIAM:*
    Leonel Gamez Rodriguez appeals the grant of a default
    judgment in favor of the Government following a civil in rem
    forfeiture proceeding and the district court's denial of his
    motion to amend his answer to the Government's complaint against
    the property.   We presume without deciding that Rodriguez, who
    *
    Pursuant to Local Rule 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in Local Rule
    47.5.4.
    No. 95-10973
    - 2 -
    did not file a verified claim and was not permitted to file an
    answer, had standing to challenge the default and has standing to
    appeal.
    We have reviewed Rodriguez's brief and the record, and we
    find no reversible error.    See United States v. $38,570 U.S.
    Currency, 
    950 F.2d 1108
    (5th Cir. 1992); United States v. One
    1988 Dodge Pickup, 
    959 F.2d 37
    (5th Cir. 1992); United States v.
    One 1978 Piper Navajo PA-31 Aircraft, 
    748 F.2d 316
    (5th Cir.
    1984).    Accordingly, the decision of the district court is
    AFFIRMED.