United States Fifth Circuit

Dismissal of defendant's motion seeking the return of property seized from him at his arrest and a grant of the government's motion to dismiss are affirmed in part and reversed in part where: 1) under the circumstances, the government's written notice was reasonably calculated to provide defendant with notice and there was no due process violation arising out of the forfeiture; 2) however, there was a genuine issue of material fact as to whether the government has, or ever had, certain claimed monies, which were not forfeited, in its possession; and 3) to the extent defendant sought the return of additional personal property seized from him at his arrest, his claim was untimely.

Appellate Information

• Decided 11/19/2007
• Published 11/20/2007

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, DENNIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mitchell Hayward Bailey, Memphis, TN, pro se., Gerald Paul Doyle, Houston, TX, for U.S.