UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6734
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARTIN MARTINEZ SALDANA,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina,
at Statesville. Frank D. Whitney, Chief District Judge. (5:12-cr-00049-FDW-DCK-1)
Submitted: July 18, 2019 Decided: July 23, 2019
Before WILKINSON, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Martin Martinez Saldana, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Martin Martinez Saldana seeks to appeal the district court’s order granting the
Government’s motion for a final order confirming forfeiture. See Fed. R. Crim. P.
32.2(c)(2). While a criminal defendant may appeal a preliminary forfeiture order, he may
not appeal a final forfeiture order entered after an ancillary proceeding addressing
whether the Government or a third party will obtain the forfeited property. See United
States v. Amodeo, 916 F.3d 967, 972 (11th Cir. 2019). Accordingly, we conclude that
Saldana does not have standing to appeal the final forfeiture order and dismiss the appeal
for lack of jurisdiction. See id. at 973. We deny Saldana leave to proceed under the
Criminal Justice Act, 18 U.S.C. § 3006A (2012), and deny his motion for appointment of
counsel. We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED
2