United States v. Bustos

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 11, 2026
• Docket: 25-50428
• Status: Unpublished

Opinion

Case: 25-50428 Document: 49-1 Page: 1 Date Filed: 06/11/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit

FILED No. 25-50428 June 11, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Brittany Bustos,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-734-4 ______________________________

Before Wiener, Willett, and Wilson, Circuit Judges. Per Curiam: * Brittany Bustos appeals the dismissal of her third-party petition asserting a legal interest in a property located in Monahans, Texas, that was the subject of a final order of forfeiture in a criminal case against her father, Anthony Bustos, Sr. Bustos asserts that she complied with the statutory requirements set forth in 21 U.S.C. § 853(n) and that she sufficiently alleged

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-50428 Document: 49-1 Page: 2 Date Filed: 06/11/2026

No. 25-50428

that she was a bona fide purchaser for value of the property at issue. She argues that the district court thus erred by dismissing her petition pursuant to Federal Rule of Criminal Procedure 32.2(c)(1)(A). We review de novo. See United States v. Butt, 930 F.3d 430, 413 (5th Cir. 2019). Because Bustos’s petition fails to allege sufficient facts indicating the time and circumstances under which she acquired her interest in the property and that she was a bona fide purchaser for value of the subject property as required, she has not shown that the district court erred by dismissing her third-party petition. See 21 U.S.C. § 853(n)(3), (6)(B); see also Butt, 930 F.3d at 413; United States v. Holy Land Found. for Relief & Dev., 722 F.3d 677, 684–85 (5th Cir. 2013). The district court’s judgment is AFFIRMED.