UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

DENNIS E. FORT,

Claimant-Appellant,

and

TRACT 1 CUMBERLAND COUNTY LAND,

1300 Turnpike Road, Cross Creek

Township, Fayetteville, NC, deed

recorded at Book 2998, Page 77 of

the Cumberland County Registry,

being titled in the names of William

H. Lawrence and wife, Rosemary C.

Lawrence, with buildings,

No. 97-2446

appurtenances and improvements

thereto, and any and all proceeds

from the sale of said property;

TRACT 2 CUMBERLAND COUNTY LAND,

1305 Turnpike Road, Fayetteville,

NC, deed recorded at Book 3423,

Page 0385 of the Cumberland

County Registry, being titled in the

name of Dennis E. Fort, with

buildings, appurtenances, and

improvements thereto, and any and

all proceeds from the sale of said

property; TRACT 3 CUMBERLAND

COUNTY LAND, 1517 Pierce Street,

Cross Creek Township, City of

Fayetteville, NC, deed recorded at
Book 3750, Page 667 of the

Cumberland County Registry, being

titled in the name of James Fort,

with buildings, appurtenances, and

improvements thereto, and any and

all proceeds from the sale of said

property; TRACT 4 CUMBERLAND

COUNTY LAND, 1519 Pierce Street,

Cross Creek Township, City of

Fayetteville, NC, deed recorded at

Book 3600, Page 0893 and Book

3750, Page 667 of the Cumberland

County Registry, being titled in the

name of James Fort, with buildings,

appurtenances, and improvements

thereto, and any and all proceeds

from the sale of said property;

TRACT 5 CUMBERLAND COUNTY LAND,

1208 Turnpike Road, Cross Creek

Township, Fayetteville, NC deed

recorded at Book 3561, Page 0506

and Book 3750, Page 667 of the

Cumberland County Registry, being

titled in the name of James Fort,

with buildings, appurtenances, and

improvements thereto, and any and

all proceeds from the sale of said

property; TRACT 6 CUMBERLAND

COUNTY LAND, 1214 Morgan Street,

Cross Creek Township, Fayetteville,

NC, deed recorded at Book 3576,

Page 0732 and Book 3750, Page

667 of the Cumberland County

Registry, being titled in the name of

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James Fort, with buildings,

appurtenances, and improvements

thereto, and any and all proceeds

from the sale of said property;

TRACT 7 CUMBERLAND COUNTY LAND,

1002 Ellis Street, Fayetteville, NC,

deed recorded at Book 3695, Page

0473 and Book 3750, Page 667 of

the Cumberland County Registry,

being titled in the name of James

Fort, with buildings, appurtenances

and improvements thereto, and any

and all proceeds from the sale of

said property; TRACT 8 CUMBERLAND

COUNTY LAND, 112 Chase Street,

Cross Creek Township, Fayetteville,

NC, deed recorded at Book 3633,

Page 0482 and Book 3750, Page

667 of the Cumberland County

Registry, being titled in the name of

James Fort, with buildings,

appurtenances and improvements

thereto, and any and all proceeds

from the sale of said property;

TRACT 9 CUMBERLAND COUNTY LAND,

116 Chase Street, Cross Creek

Township, Fayetteville, NC, deed

recorded at Book 3633, Page 0482

and Book 3750, Page 667 of the

Cumberland County Registry, being

titled in the name of James Fort,

with buildings, appurtenances and

improvements thereto, and any and

all proceeds from the sale of said

property; TRACT 10 CUMBERLAND

 3
COUNTY LAND, Route 1, Box 223B,

Blake Street, Stedman, NC, deed

recorded at Book 768, Page 288 of

the Cumberland County Registry,

being titled in the name of Mae

Francis Fort and listed in the tax

records as belonging to James

Edward Fort, with buildings,

appurtenances and improvements

thereto, and any and all proceeds

from the sale of said property;

TRACT 11 CUMBERLAND COUNTY

LAND, 490 Warm Springs Drive,

Fayetteville, NC, deed recorded at

Book 3624, Page 0423 and Book

3750, page 667 of the Cumberland

County Registry, being titled in the

name of James Fort, with buildings,

appurtenances and improvements

thereto, and any and all proceeds

from the sale of said property;

TRACT 12 CUMBERLAND COUNTY

LAND, 1202 Morgan Street, Cross

Creek Township, Fayetteville, NC,

deed recorded at Book 3781, Page

0242 of the Cumberland County

Registry, being titled in the name of

James Edward Fort, with buildings,

appurtenances and improvements

thereto, and any and all proceeds

from the sale of said property;

TRACT 13 CUMBERLAND COUNTY

LAND, 1208-A Morgan Street, Cross

Creek Township, Fayetteville, NC,

deed recorded at Book 3612, Page

0683 and Book 3750, Page 667

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of the Cumberland County Registry,

being titled in the name of James

Fort, with buildings, appurtenances

and improvements thereto, and any

and all proceeds from the sale of

said property,

Defendants,

and No. 97-2446

JAMES EDWARD FORT; JENNIFER ROBIN

GRAHAM; ROSEMARY C. LAWRENCE;

CUMBERLAND COUNTY; THE CITY OF

FAYETTEVILLE; TILLMAN V. JACKSON;

LAVEDA M. JACKSON; MARY MONROE

DEPRATER,

Claimants.

Appeal from the United States District Court

for the Eastern District of North Carolina, at Fayetteville.

W. Earl Britt, Senior District Judge.

(CA-92-57-3-BR)

Submitted: July 28, 1998

Decided: October 8, 1998

Before WIDENER, WILKINS, and LUTTIG, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Dennis E. Fort, Appellant Pro Se. G. Norman Acker, III, OFFICE OF

THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for

Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Dennis Edward Fort appeals from the district court's order denying

his "Motion to Set Aside Judgement [sic] and for the Return of Property or Just Compensation." We affirm.

Fort first asserts that he did not receive notice that real property

belonging to him was subject to forfeiture under 21 U.S.C.

§ 881(a)(7) (1994), thus explaining his failure to file a claim. Our

review reveals that this claim is flatly contradicted by Fort's allegations, made under penalty of perjury, in prior pleadings. Next, Fort

asserts that he was entitled to additional notice when the forfeiture

advanced from an administrative to a judicial proceeding. This claim

is entirely without merit. The forfeiture at issue involved the loss of

real property and it therefore commenced in the district court as a

judicial proceeding.

Finally, Fort claims that he was entitled to pre-seizure notice and

hearing. The Supreme Court in United States v. James Daniel Good

Real Property, 510 U.S. 43 (1993), established that in civil forfeiture

proceedings, absent exigent circumstances, Fifth Amendment due

process concerns require the government to provide both pre-seizure

notice and a meaningful opportunity to be heard. Good, however,

issued after the forfeiture in this case became final, and we conclude

that its protections are not retroactively applicable on these facts. See

United States v. Marsh, 105 F.3d 927, 931 (4th Cir. 1997).

Accordingly, we affirm the district court's denial of Fort's motion.

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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