U.S. v. Rodriguez-Aguirre, 264 F.3d 1195 (10th Cir. 2001)

Looking for something specific? Search Brief Bank

« Back    
Forfeiture (Statute of Limitations)
U.S. v. Rodriguez-Aguirre, 264 F.3d 1195 (10th Cir. 2001) , 07-11-2002Brenda GrantlandClaimants’ opening and reply briefs from United States v. Rodriguez-Aguirre , 264 F.3d 1195 (10th Cir. 2001). Appeal from denial of Fed.R.Crim.P. Rule 41(e) motion for return of property seized in a criminal case contending that the property was never forfeited and the forfeiture statute of limitations had run. District court denied motion on standing ground and doctrine of laches. The U.S. Court of Appeals for the Tenth Circuit reversed and remanded, holding (1) claimants had standing to bring motion; (2) motions for return of property are governed by six-year statute of limitations, which only rarely (if ever) can be shortened by laches; (3) laches was inapplicable in any event as government did not show prejudice; (4) limitations period begins to run when claimant has reasonable notice about forfeiture; and (5) where no forfeiture proceeding is brought, statute begins to run when criminal proceedings have concluded. Reversed and remanded.
Document(s) are available for download to NACDL members only. If you are not a member consider becoming one today. If you are a NACDL member, please login to view case document(s).

In This Section

Advertisement Advertise with Us
ad