United States v. Dion De Cesare

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 26, 2025
• Docket: 25-10361
• Status: Unpublished

Opinion

USCA11 Case: 25-10361 Document: 8-1 Date Filed: 03/26/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 25-10361 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DION DE CESARE,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:21-cr-80188-RLR-1 ____________________ USCA11 Case: 25-10361 Document: 8-1 Date Filed: 03/26/2025 Page: 2 of 2

2 Opinion of the Court 25-10361

Before GRANT, LUCK, and BRASHER, Circuit Judges. PER CURIAM: Dion De Cesare, proceeding pro se, appeals from the January 17, 2025, magistrate judge order denying his motion to stay the for- feiture of real property located at Embassy Drive in West Palm Beach, Florida, and to enjoin the government from selling that property. The government moves to dismiss this appeal for lack of jurisdiction because De Cesare cannot directly appeal a magistrate judge order. De Cesare did not respond to the government’s mo- tion. We lack jurisdiction over this appeal because De Cesare lacks standing to appeal the January 17 order. See United States v. Amodeo, 916 F.3d 967, 971-72 (11th Cir. 2019). De Cesare lacks ap- pellate standing because the preliminary order of forfeiture extin- guished his interest in the Embassy Drive property, and so he was not injured by the denial of his motion to stay the forfeiture of that property. See id. Moreover, De Cesare’s stay motion did not chal- lenge the preliminary order of forfeiture. See id.; United States v. Bane, 948 F.3d 1290, 1294 (11th Cir. 2020). Accordingly, we GRANT the government’s motion to dis- miss and DISMISS this appeal for lack of jurisdiction.