UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-50811
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
ALVARO NARVIZ-GUERRA, et al.,
Defendants,
GRACIELA JIMENEZ ARAGON,
Claimant-Appellant.
Appeal from the United States District Court
For the Western District of Texas
(A-95-CR-193)
August 17, 1998
Before DUHÉ, DEMOSS, and DENNIS, Circuit Judges.
PER CURIAM:1
Graciela Jimenez Aragon (“Aragon”) appeals the dismissal of
her third-party petition opposing the preliminary forfeiture order
of Las Moras ranch. A jury entered the order after the trial and
conviction of Alvaro Narviz Guerra and Larry Austin Grant on drug,
1
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this opinion should not be published and is not precedent except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.
money laundering, and conspiracy charges. Aragon argues that the
district court erred in dismissing her petition for lack of
standing, or alternatively, granting summary judgment. She also
argues that the district court violated her right to due process by
failing to hold an oral hearing, by considering evidence from the
criminal trial, and by failing to stay the final order of
forfeiture pending this appeal.
We have reviewed the record and the parties’ briefs and
affirm the district court’s finding that Aragon could not survive
a motion for summary judgment. Summary judgment requires a non-
movant to support her claim with specific facts and to show a
genuine issue of material fact exists. FED. R. CIV. PRO. 56(c); see
also Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992)
(recognizing that general factual allegations may suffice to defeat
a motion to dismiss for lack of standing, but specific facts must
be shown to defeat a motion for summary judgment). Here, Aragon
has offered no proof in opposition to the motion other than her own
speculation, hearsay from unknown sources, and references to
evidence not in the record. Therefore, she fails to support her
claim of ownership with specific facts and to show that a genuine
issue of material fact exists as to whether she has title and
whether her parents had any interest in the property. Melton v.
Teachers Ins. & Annuity Ass’n of America, 114 F.3d 557, 559 (5th
Cir. 1997).
We do not address Aragon’s remaining claims because her lack
of standing renders them moot.
2
AFFIRMED.
3