United States Ninth Circuit

In a petition for a writ of mandamus ordering the district court to direct the government to return motorcycles seized in connection with a criminal investigation, the petition is denied where the district court did not clear err in determining that, when the government has failed to provide notice of a seizure in accordance with 18 U.S.C. section 983(a)(1)(A), section 983(a)(1)(F) does not compel the government to return seized property before initiating a judicial forfeiture proceeding.

Appellate Information

• Argued 02/03/2010
• Decided 06/01/2010
• Published 06/01/2010

Judges

• Before BETTY B. FLETCHER, HARRY PREGERSON, and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Eric Honig, Marina Del Rey, CA, and Richard M. Barnett, San Diego, CA, for the petitioners.


• For Appellees:
  
• Steven R. Welk, Assistant U.S. Attorney, Los Angeles, CA, for the respondent/real party in interest.