United States v. Various Tracts of Land in Muskogee & Cherokee Counties

ORDER

Before TACHA and EBEL, Circuit Judges.

We have before us appellant’s motion for an injunction against the sale of forfeited property pending appeal. Upon consideration, the motion is denied.

Appellant raises a legal argument we have not previously addressed. 28 U.S.C. § 1355(c) states: “Upon motion of the appealing party, the district court or the court of appeals shall issue any order necessary to preserve the right of the appealing party to the full value of the property at issue, including a stay of the judgment of the district court pending appeal....” Focusing on the word “shall,”…