United States Tenth Circuit

Sovereign immunity bars monetary relief in a proceeding pursuant to Rule 41 of the Federal Rules of Criminal Procedure when the government no longer possesses the property.

Appellate Information

• Decided 07/06/2005
• Published 07/06/2005

Judges

• O'BRIEN, Circuit Judge., Before MURPHY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jody Neal-Post (Christal K. Girsham with her on the briefs), Albuquerque, New Mexico, for Plaintiff-Appellant.


• For Appellees:
  
• Stephen R. Kotz, Assistant U.S. Attorney (David C. Iglesias, United States Attorney, with him on the briefs), Albuquerque, New Mexico, for Defendant-Appellee.