United States v. Mendez, Jr., No. 16-2210 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit held that defendant's motion for the return of seized property was barred by the statute of limitations. Furthermore, defendant was not entitled to equitable tolling where the claim was inadequate on its face. In this case, a jury convicted defendant of a drug trafficking conspiracy and the district court entered judgment in 2006; this court affirmed on direct appeal in 2007; and the motion for return of the seized property was filed in 2016. The court also held that the district court did not err in declining to convene an evidentiary hearing. The court granted defendant's motion to notice his letter to counsel dated October 18, 2016.
Court Description: Colloton, Author, with Murphy and Melloy, Circuit Judges] Criminal case - Criminal law. Defendant's motion for the return of seized property was barred by the statute of limitations, and he was not entitled to equitable tolling.
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