United States v. Howard, No. 19-3239 (8th Cir. 2020)
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The Eighth Circuit affirmed the district court's denial of defendant's motion for return of property under Federal Rule of Criminal Procedure 41(g). After defendant pleaded guilty to conspiring to distribute methamphetamine, he sought the return of three ATVs and video surveillance equipment seized by the sheriff's office. Two stolen ATVs were returned to their rightful owners; the sheriff's office held the third ATV for the requisite statutory period before auctioning it pursuant to state law; and the sheriff's office disposed of the video surveillance equipment.
The court agreed with the district court that the uncontested record shows that the sheriff's office seized the ATVs for reasons unrelated to the federal prosecution, and thus the government did not constructively possess the ATVs. Furthermore, the surveillance systems were derivative contraband. Finally, the district court did not err by denying the motion without an evidentiary hearing.
Court Description: [Kobes, Author, with Gruender and Wollman, Circuit Judges] Criminal Case - Rule 41(g) Return of Property. Following guilty plea to drug distribution charge, Howard sought return of three seized ATVS and video surveillance equipment. The sheriff returned two ATVs to their proper owner and sold the third, and the video surveillance equipment was disposed; the district court denied the motion without an evidentiary hearing. The uncontested record shows the sheriff seized the items unrelated to the federal prosecution and the government did not constructively possess the ATVs. The uncontested evidence showed the video equipment was derivative contraband and thus the district court did not err in denying a hearing on the issue.
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