· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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