United States Fourth Circuit

The district court's order granting ownership and possession of a historic document, seized by federal agents, to the State is vacated where the district court lacks authority to adjudicate ownership of the document after dismissal of the forfeiture action.

Appellate Information

• Decided 01/26/2005
• Published 01/26/2005

Judges

• Before WILKINS, Chief Judge, WILLIAMS, Circuit Judge, and Glen E. CONRAD, United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Michael Atwater Stratton, Stratton Faxon, New Haven, Connecticut, for Robert V. Matthews.  Frank DeArmon Whitney, United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for the United States.  William Dale Talbert, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for the State of North Carolina. ON BRIEF:  Joel T. Faxon, Stratton Faxon, New Haven, Connecticut, for Robert V. Matthews.  Roy Cooper, North Carolina Attorney General, Grayson G. Kelley, Chief Deputy Attorney General, Karen A. Blum, Assistant Attorney General, Raleigh, North Carolina;  Paul M. Newby, Assistant United States Attorney, Raleigh, North Carolina, for Appellees.