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· 1/27/2004

United States v. Stanley A. Albinson

Citations

  • 356 F.3d 278
  • 2004 U.S. App. LEXIS 1147
  • 2004 WL 119386

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “a fact finder may not deny a Rule 41(g) motion based on a prospective assessment of the remedies that might (or might not) be available”
  • finding that government must do more than simply state it has given the property to third parties
  • noting that the Government can meet its burden to establish property has been destroyed through documentary evidence
  • considering a post- conviction Fed.R.Crim.P. 41(g) motion in the criminal case for return of seized property
  • “[T]he government must do more than state, without documentary support, that it no longer possesses the property at issue.”
  • “[A] pro se Rule 41(g) motion should be liberally construed to allow the assertion of alternative claims.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Scirica, Nygaard, Ambro

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.