United States Seventh Circuit

District court's order to destroy 34 firearms and for defendant to collect just compensation from the government arising from his conviction of aiding and abetting the possession of firearms by a felon, is vacated and remanded where: 1) because the government did not commence a timely forfeiture proceeding, defendant's property interest in the firearms continues even though his possessory interest has been curtailed; and 2) as such, if the government does not want to sell the firearms for his account, then it must offer defendant some other lawful option, such as having a trustee sell or hold the guns, or giving them to someone who can be relied on to treat them as his own.

Appellate Information

• Decided 11/19/2009
• Published 11/19/2009

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and KANNE and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Daniel L. Bella, Attorney, Office of the United States Attorney, Hammond, IN, John M. Maciejczyk, Attorney, Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee., H. Jay Stevens, Attorney, Indiana Federal Community Defenders, Inc., South Bend, IN, for Defendant-Appellant.