United States v. Eleven Vehicles

I concur in the Court’s judgment, but I write separately to explain my understanding of certain threshold jurisdictional questions and of the District Court’s task on remand.

I

I cannot agree with the majority’s implicit conclusion that the issue of whether a Rule 59(e) motion is timely filed must be noticed sua sponte by this Court. The District Court rejected the government’s Rule 59 argument and the government did not appeal this issue. Therefore, unless the question of timely filing implicated the District Court’s subject matter jurisdiction, it is not properly before this Court. I believe…