and Submitted October 18, 2016 San Francisco, California
from the United States District Court for the Northern
District of California Laurel D. Beeler, Magistrate Judge,
Presiding D.C. No. 3:14-cv-01002-LB
M. Burch (argued) and David M. Michael, Law Offices of David
M. Michael, San Francisco, California, for
M. Voights (argued), Assistant United States Attorney;
Barbara J. Valliere, Chief, Appellate Division; Melinda Haag,
United States Attorney; United States Attorney's Office,
San Francisco, California; for Defendant-Appellee.
Before: A. Wallace Tashima and Milan D. Smith, Jr., Circuit
Judges, and Edward R. Korman, [*] District Judge.
panel affirmed the district court's denial of
claimant's Fed. R. Crim. P. 41(g) motion for return of
$99, 500 in cash that was seized by Drug Enforcement
Administration ("DEA") agents from claimant's
carry-on bag at San Francisco International Airport.
sent claimant a notice informing him that the money was
subject to forfeiture under 21 U.S.C. § 881 because it
was used in, or acquired as a result of, a violation of the
Controlled Substance Act. The DEA subsequently deemed
claimant's claim to contest the forfeiture as untimely.
panel held that the district court had jurisdiction to hear
claimant's motion for equitable relief. The panel treated
18 U.S.C. § 983(e) of the Civil Asset Forfeiture Reform
Act as a claim-processing rule, and held that it posed no
clear jurisdictional limitation.
panel held that the district court did not err in holding
that claimant was not entitled to equitable tolling because
FedEx's purported delivery delay of his claim did not
constitute an extraordinary circumstance that would justify
TASHIMA, Circuit Judge
Okafor appeals the decision of the district court denying his
motion for return of property. See Fed. R. Crim. P.
41(g). We have jurisdiction under 28 U.S.C. § 1291, and
we affirm the district court's ruling.
2013, at San Francisco International Airport, Drug
Enforcement Administration ("DEA") agents seized
$99, 500 in cash from Okafor's carry-on bag. The DEA sent
Okafor a notice on May 1, 2013, informing him that the money
was subject to forfeiture under 21 U.S.C. § 881 because
it had been used in, or acquired as a result of, a violation
of the Controlled Substances Act. The ...