UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7034
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALAN B. FABIAN,
Defendant – Appellant,
and
JACKIE FABIAN,
Movant – Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:07-cr-00355-CCB-1)
Submitted: January 30, 2012 Decided: February 16, 2012
Before SHEDD, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Alan B. Fabian, Jackie Fabian, Appellants Pro Se. Jonathan
Biran, Assistant United States Attorney, Tonya Nicole Kelly,
OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Alan and Jackie Fabian appeal from the district
court’s order granting the government’s motion to clarify the
forfeiture order entered in Alan Fabian’s criminal case. We
have reviewed the record and the arguments of the parties and we
find no reversible error. Additionally, we hold that the
Fabians are collaterally estopped from seeking to relitigate the
relevant issue in this appeal because the North Carolina
Superior Court decided the issue in a case before that court
after the Fabians had a full and fair opportunity to litigate
the very issue on appeal in this court. See Sartin v. Macik,
535 F.3d 284, 287-88 (4th Cir. 2008); State v. Summers, 528
S.E.2d 17, 20 (N.C. 2000). Accordingly, we affirm the district
court’s decision. 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.
AFFIRMED
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