UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

ANDREW J. WHITMORE,

Defendant-Appellant.

No. 00-5121

(N. District of Oklahoma)

(D.C. No. 91-CR-9-E)

ORDER AND JUDGMENT*

Before BRORBY, KELLY, and MURPHY, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Andrew J. Whitmore, a federal prisoner proceeding pro se, appeals the district court's dismissal of his "Motion for Return of U.S. Currency and Jewelry." The district court dismissed Whitmore's claims as to one sum of currency on the ground that the action was barred by the applicable six-year statute of limitations. See 28 U.S.C. § 2401(a). The district court dismissed Whitmore's claims as to a second sum of currency and a parcel of jewelry on the ground that it lacked subject matter jurisdiction, see Fed. R. Civ. P. 41(e), noting that Whitmore appeared to have conceded the lack of jurisdiction in his filings before the court.

This court has conducted a de novo review of the district court's order of dismissal, the parties' briefs and contentions, and the entire record on appeal. That de novo review reveals no hint of reversible error. Accordingly, this court AFFIRMS for substantially those reasons set forth in the district court's order of dismissal filed April 20, 2000.

ENTERED FOR THE COURT:

Michael R. Murphy

Circuit Judge