United States, et al v. Hodges

United States Court of Appeals
Fifth Circuit
F I L E D
March 16, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-60305
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL LEE HODGES,
Defendant,
OLA MAE HOSLEY; ROY HOSLEY,
Appellants.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 4:02-CR-18-1-LS
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Before GARWOOD, STEWART and PRADO, Circuit Judges.
PER CURIAM:
Ola Mae Hosley and Roy Hosley seek to appeal the dismissal
of their third-party claim to a house that was ordered forfeited
as substitute property under 21 U.S.C. § 853(p) following the
conviction of Ola Mae Hosley’s son, Michael Lee Hodges, for drug
trafficking and money laundering. Other third parties have filed
claims, and the record indicates that not all of the third-party
claims, including those of Washington Mutual Bank and Stephen
Stewart, have been resolved.

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No. 04-60305
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“If multiple third-party petitions are filed in the same
case, an order dismissing or granting one petition is not
appealable until rulings are made on all the petitions, unless
the court determines that there is no just reason for delay.”
FED. R. CRIM. P. 32.2(c)(3). Rule 32.2(c)(3) “is derived from
FED. R. CIV. P. 54(b).” FED. R. CRIM. P.32.2 (“Advisory Committee
Notes” for subsection c). Under FED. R. CIV. P. 54(b), when an
action involves multiple parties or multiple claims, any decision
that adjudicates the liability of fewer than all of the parties
is not appealable unless certified by the district court. See
Thompson v. Betts, 754 F.2d 1243, 1245 (5th Cir. 1985). Applying
the principles of Rule 54(b), we dismiss the appeal for lack of
an appealable judgment. See id. at 1247.
APPEAL DISMISSED.

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