United States First Circuit

In defendant's action seeking return of seized property without notice arising from his drug arrest and conviction in 1991, district court's ruling that his property should be returned but simultaneously ordering that the funds be applied to defendant's criminal fine is vacated and remanded with instructions to promptly conduct a hearing, follow the applicable statutory procedures, and otherwise provide defendant with the long-delayed process to which he is entitled.

Appellate Information

• Decided 04/06/2010
• Published 04/06/2010

Judges

• PER CURIAM., Before LYNCH, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Vivianne M. Marrero-Torres, Assistant Federal Public Defender, with whom Joseph C. Laws, Federal Public Defender, was on brief, for appellant.


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