United States Ninth Circuit

In an action arising out of the Drug Enforcement Administration (DEA) agents' seizure of $99,500 from claimant's carry-on bag at San Francisco International Airport, the district court's denial of claimant's Fed. R. Crim. P. 41(g) motion for return of the money is affirmed where the district court: 1) had jurisdiction to hear claimant's motion for equitable relief; and 2) did not err in holding that claimant was not entitled to equitable tolling because FedEx's purported delivery delay of his claim did not constitute an extraordinary circumstance that would justify equitable tolling.

Appellate Information

• Published 2017/01/13

Judges

• TASHIMA

Court

• United States Ninth Circuit

Counsel