UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1897
In Re: MINNIE M. FAUST,
Petitioner.
On Petition for Writ of Mandamus.
(3:07-cr-00153-JFA)
Submitted: February 25, 2010 Decided: March 2, 2010
Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Minnie M. Faust, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
In her petition for mandamus relief, Minnie M. Faust
asks this court to order the district court to dismiss her from
the criminal forfeiture order imposed against her husband. See
United States v. Hopkins, No. 3:07-cr-00153-JFA (D.S.C. Sept. 5,
2008) (“Judgment and Preliminary Order of Forfeiture Forfeiting
Substitute Assets”). Since filing this petition, the district
court has entered a final order dismissing the 21 U.S.C.
§ 853(n) (2006) ancillary proceeding instituted by Faust to
assert her interest in the forfeited property, and a final order
of forfeiture. See United States v. Hopkins, No. 3:07-cr-00153-
JFA (D.S.C. Aug. 17 & Sept. 4, 2009). The Government has moved
to dismiss the mandamus petition.
Because the district court has completed its
consideration of the ancillary proceeding and imposed a final
order of forfeiture, we find the instant mandamus petition is
moot. Accordingly, although we grant Faust leave to proceed in
forma pauperis, we grant the Government’s motion to dismiss and
deny the petition for mandamus as moot. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would
not aid the decisional process.
PETITION DENIED
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