United States Ninth Circuit

A Fed. R. Crim P. 41(e) motion seeking return of seized property should have been treated as a civil complaint under the Federal Rules of Civil Procedure; when a letter providing personal notice of a forfeiture proceeding is returned undelivered, the DEA must make reasonable additional efforts to provide personal notice of proceedings.

Appellate Information

• Argued 05/12/2003
• Decided 08/26/2003
• Published 08/26/2003

Judges

• WILLIAM A. FLETCHER, Circuit Judge., Before: HAWKINS, W. FLETCHER, Circuit Judges, and BREYER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeffrey Commisso, Luce Forward Hamilton and Scripps, San Diego, CA, Heather Horner, pro se for the claimant-appellant.


• For Appellees:
  
• Crandon Randell,James Barkeley, Office of the United States Attorney, Anchorage, AK, for the plaintiff-appellee.