122578P.pdf   06/12/2014  United States  v.  Mask of Ka-Nefer-Nefer
   U.S. Court of Appeals Case No:  12-2578
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Murphy and Smith, Circuit Judges] 
   Civil case - Forfeiture. Statement of the Issue as set out in the brief is 
   controlling and the government waived the appeal of the order of dismissal 
   in the case by stating in the Statement of the Issue that the only issue 
   on appeal is whether the district court abused its discretion in denying a 
   post-dismissal motion for leave to file an amended complaint; although the 
   government's motion to amend cited both Rule 59(e) and Rule 60(b), the 
   Rule 59(e) motion was untimely; under the facts presented, denial of the 
   Rule 60(b) motion was not an abuse of discretion. Judge Murphy, 
   concurring.