United States Sixth Circuit

In a prosecution of defendant for child-pornography related charges, district court's partial denial of defendant's Fed. Rule of Crim. Proc. 41(g) motion for return of videos, whose subjects were adults who were not aware that they were being recorded, is vacated with respect to the twenty videotapes at issue and remanded for the district court to make findings of fact that will enable it to determine whether, consistent with Fed. Rules of Crim. Proc. 41(g), defendant is entitled to lawful possession of the videotapes under Tennessee Code Ann. section 39-13-605.

Appellate Information

• Decided 05/12/2010
• Published 05/12/2010

Judges

• Before BATCHELDER, Chief Judge; MOORE and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellee. Raymond Savoy, Fort Worth, Texas, pro se.