Does the Court have jurisdiction over an appeal of a denial of Rule 41(e)?

This court has jurisdiction over an appeal of a denial of a Rule 41(e) motion when there is no criminal prosecution pending. DeMassa v. Nunez, 747 F.2d 1283, 1286 (9th Cir.1984), reh gr, in part, reh den, in part, 770 F.2d 1505, (1985). A forfeiture action is an in rem proceeding in which the court's jurisdiction in tied to the res. United States v. Ten Thousand Dollars in U.S. Currency, 860 F.2d 1511, 1513 (9th Cir.1988). A final order of forfeiture removes the property from the district court and, therefore, typically marks an end to the court's jurisdiction. Id. See also United States v. Elias, 921 F.2d 870, 873 (9th Cir.1990).