United States First Circuit

Order denying a motion for the return of property seized at the time of defendant's arrest is vacated where the government's response to the motion was not adequate to support the district court's decision since: 1) the government's response failed to address the status of the property specified; 2) the government provided the court with no information identifying how and when defendant was notified of the property's impending destruction and given the opportunity to receive it; and 3) what assertions the government did make were not supported by evidence.

Appellate Information

• Decided 02/25/2008
• Published 02/25/2008

Judges

• PER CURIAM., Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joaquin E. Cardona-Sandoval on brief pro se.


• For Appellees:
  
• Nelson Pérez-Sosa, Assistant U.S. Attorney, Germán A. Rieckehoff, Assistant U.S. Attorney, and Rosa Emilia Rodríguez-Vélez, United States Attorney, on brief for appellee.