United States v. Medina-Reyes ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50326
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
MIGUEL MEDINA-REYES
Defendant - Appellant
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-93-CR-8-1-H
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August 16, 2001
Before KING, Chief Judge, and DAVIS and EMILIO M. GARZA, Circuit
Judges.
PER CURIAM:*
Miguel Medina-Reyes, federal prisoner # 62267-080, appeals
the district court’s denial of his Fed. R. Crim. P. 41(e) motion
for return of property, which the district court construed as a
civil action brought pursuant to 28 U.S.C. § 1331. Medina-Reyes
argues that the district court erred in determining that he
lacked standing to assert an ownership interest in $1,920,540
that was forfeited to the United States. He also contends that
his due process rights were violated when he failed to receive
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
No. 00-50326
-2-
notice of the forfeiture proceedings and that the separate
forfeiture proceedings compromised his Fifth Amendment rights
against self-incrimination.
Medina-Reyes fails to demonstrate that he had a lawful
interest in the currency that was seized. See United States v.
1977 Porsche Carrera, 946 F.2d 30, 33 (5th Cir. 1991).
Accordingly, Medina-Reyes has not shown that he was entitled to
receive notice of the forfeiture proceeding. See 19 U.S.C.
§ 1607(a); see also Kadonsky v. United States, 216 F.3d 499, 502-
03 (5th Cir. 2000), cert. denied, 121 S. Ct. 1151 (2001).
Because Medina-Reyes’ separate forfeiture proceeding/self-
incrimination argument was not raised in the district court, and
since Medina-Reyes does not identify and extraordinary
circumstances surrounding this issue, it is not addressed by this
court. Leverette v. Louisville Ladder Co., 183 F.3d 339, 342
(5th Cir. 1999).
AFFIRMED.