United States Ninth Circuit

In this case, defendant intermingled his personal computer files with child pornography files. Denial of defendant's motion pursuant to Federal Rules of Criminal Procedure 41(g) for return of the noncontraband computer files is reversed and remanded for further proceedings, where: 1) the district court's decision not to put the burden of proof on the government was legal error, given that the government no longer needed defendant's property after he pleaded guilty; and 2) the government could not have carried its burden of proof as it failed to submit any evidence of the difficulty and costs of segregating defendant's data, which it claimed was a legitimate reason for retention of the noncontraband files.

Appellate Information

• Decided 01/02/2015
• Published 01/02/2015

Judges

• Bea

Court

• United States Ninth Circuit

Counsel