[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
June 16, 2008
No. 07-11461 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 01-00045-CR-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SAMUEL WAYNE RYLEE,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(June 16, 2008)
Before TJOFLAT, DUBINA and BLACK, Circuit Judges.
PER CURIAM:
Appellant Samuel Wayne Rylee (“Rylee”) appeals the district court’s denial
of his motion to vacate the preliminary order and/or final order of forfeiture, in
connection with his 2002 convictions and sentences for conspiracy and possession
with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1),
(b)(1)(A), and (b)(1)(B), and 846, which the district court treated as a
Fed.R.Crim.P 41(g) motion for return of property. On appeal, Rylee argues that
the district court’s final order of forfeiture should be vacated because, by not
including the preliminary order of forfeiture in his written judgment and
commitment, the district court lacked jurisdiction to issue the final order after
sentencing. The government argues that we lack appellate jurisdiction to review
the district court’s order of forfeiture because Rylee failed to timely appeal the
order.
We review our subject matter jurisdiction de novo. United States v.
Winingear, 422 F.3d 1241, 1245 (11th Cir. 2005). A defendant must file a notice
of appeal within the time prescribed by Fed.R.App.P. 4(b), or we lack appellate
jurisdiction to review the lower court’s decision on the merits. United States v.
Machado, 465 F.3d 1301, 1305 (11th Cir. 2006). Pursuant to Fed.R.App.P. 4(b), a
defendant must file a notice within 10 days after the entry of the judgment that is
being appealed, or within 40 days if the district court grants an extension due to
excusable neglect or good cause. Fed.R.App.P. 4(b)(1)(A)(i), (b)(4).
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We review de novo the legal issues connected to a Rule 41(g) motion, and
review for abuse of discretion the district court’s decision to exercise its equitable
jurisdiction and deny a Rule 41(g) motion. Machado, 465 F.3d at 1307. Rule
41(g) provides that “[a] person aggrieved by an unlawful search and seizure of
property or by the deprivation of property may move for the property’s return.”
Fed.R.Crim.P. 41(g). A district court may exercise equitable jurisdiction over a
Rule 41(g) motion for return of property after the criminal proceedings have
concluded. Machado, 465 F.3d at 1307. For a district court to grant a Rule 41(g)
motion, the “owner of the property must have clean hands.” United States v.
Howell, 425 F.3d 971, 974 (11th Cir. 2005). In Machado, we noted that it would
be inequitable to “return to a criminal the fruits of his crimes, giving him an illicit
. . . windfall.” 465 F.3d at 1307. We also noted that it would be inequitable to
give back to a defendant “property that he voluntarily forfeited to the government
as part of a valid plea agreement, an agreement which gave him ample
consideration in return,” or to allow the defendant to “escape the burdens” after
receiving the “full benefit of his bargain.” Id.
Based upon a review of the record and the parties’ briefs, we conclude that
there was no reversible error. We lack appellate jurisdiction to review the district
court’s order of forfeiture because Rylee did not timely appeal that order.
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Moreover, we conclude from the record that the district court did not abuse its
discretion in denying Rylee’s Rule 41(g) motion because it would be inequitable to
return to Rylee property that he obtained through criminal activity and voluntarily
forfeited pursuant to a plea agreement from which he benefitted. Accordingly, we
affirm the district court’s order denying the motion to vacate an order of forfeiture.
AFFIRMED.
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