United States v. Grajales

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 97-20126 Summary Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE J. GRAJALES, Defendant, AMIN A. RASHID, As Assignee for Jose Grajales, Movant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-91-CR-211-2 - - - - - - - - - - April 20, 1999 Before KING, Chief Judge, STEWART, and PARKER, Circuit Judges. PER CURIAM:* Federal prisoner Amin A. Rashid, # 30591-066, appeals the district court’s denial of his motion for relief pursuant to Fed. R. Civ. P. 60(b)(1),(3) and the denial of his motion to reopen the time for appeal pursuant to Fed. R. App. P. 4(a)(6). This court reviews a district court’s decision denying relief under Rule 60(b) for abuse of discretion. Travelers Ins. Co. v. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-20126 -2- Liljeberg Enter. Inc., 38 F.3d 1404, 1408 (5th Cir. 1994). Because Rashid has failed to establish standing to challenge the forfeiture of the currency, the district court did not abuse its discretion in denying his Rule 60(b) motion. See United States v. $321,470 U.S. Currency, 874 F.2d 298, 303 (5th Cir. 1989). The court need not address Rashid’s remaining arguments in his brief because he has no standing to sue. Rashid’s motion to strike the Government’s brief and motion to file a supplemental appendix are DENIED. AFFIRMED.