Malcolm D. Williams, Plaintiff-appellant, v. Sacramento County Sheriff's Department, Glen Craig, Sheriff,in His Individual and Official Capacities,defendant-appellee, 103 F.3d 143 (9th Cir. 1996)

MEMORANDUM^** 

Malcolm D. Williams, a federal prisoner, appeals pro se the district court's order denying his Fed. R. Crim. P. 41(e) motion seeking the return of personal property that Williams alleges was seized by the Sacramento County Sheriff's Department. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court's denial of a Rule 41(e) motion, United States v. Mills, 991 F.2d 609, 612 (9th Cir. 1993), and we affirm.

" [Rule 41(e) ] clearly relates to federal searches leading to federal prosecutions and extends in its furthest reach to searches conducted by state law enforcement agencies with direct federal authorization." United States v. Huffhines, 986 F.2d 306, 308 (9th Cir. 1993). Thus, where the property in question was seized and held by state authorities, a claimant cannot seek a remedy under Fed. R. Crim. P. 41(e) absent an agency relationship whereby state authorities acted with direct federal authorization. Id. Here, Williams failed to allege any such agency relationship between Sacramento County and any federal law enforcement agency. Accordingly, the district court did not err by denying Williams's Rule 41(e) motion. See id.

AFFIRMED.