NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 29 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30139
Plaintiff-Appellee, D.C. No. 3:13-cr-00042-TMB
v.
MEMORANDUM*
PHILLIP DIXON, Jr., a.k.a. Cheddar,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Alaska
Timothy M. Burgess, Chief Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Phillip Dixon, Jr., appeals the district court’s order denying in part his
motion for return of property under Federal Rule of Criminal Procedure 41(g). We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Dixon claims that the district court erred by denying his motion for the
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
return of $8,530. The district court appears to have denied Dixon’s motion, at least
in part, because it presumed that this $8,530 was part of the $25,000 that Dixon
forfeited under the criminal judgment. In fact, the $8,530 that Dixon sought to
have returned was administratively forfeited prior to his criminal proceedings.
Nonetheless, the district did not err by denying Dixon’s motion because the
government has obtained title to the $8,530 and, therefore, Dixon has no claim to
it. See Omidi v. United States, 851 F.3d 859, 861-62 (9th Cir. 2017) (outlining the
administrative forfeiture process). To the extent that Dixon claims that the
government failed to provide him with proper notice of the administrative
forfeiture proceedings or raises any other challenges to the administrative
forfeiture proceedings that he did not raise below, we decline to consider these
claims. See United States v. Gilbert, 807 F.3d 1197, 1201 (9th Cir. 2015) (“As a
general rule, a federal appellate court does not consider an issue not passed upon
below.” (internal quotations omitted)).
AFFIRMED.
2 16-30139