USA V. GREGORY BERRY, No. 12-50310 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 09 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-50310 D.C. No. 2:09-cr-00831-DSF v. MEMORANDUM* GREGORY MACDONALD BERRY, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Gregory MacDonald Berry appeals pro se from the district court s order denying his motion for return of property. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). In 2010, the government offered to release Berry s property to someone designated by Berry or to package the items and ship them at Berry s expense. Berry has cited no authority to support his claim that the government must return the property to him at the government s expense. AFFIRMED. 2 12-50310

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