Archive | Rule 41(g)

Friday, August 17th, 2012

Trust Fun

United States v. Zaleski, No. 11-660-cr (2d Cir. July 13, 2012) (Newman, Lohier, Droney, CJJ)

This fascinating opinion considers whether the defendant, Alan Zaleski, from whom a large quantity of  legally possessed firearms and ammunition were seized, should be permitted get them back from the government and sell them through a third party trustee, even though as a convicted felon, he is no longer permitted to possess them himself, even constructively.  While the district court denied his motion for a return of the property under Fed.R.Cr.P 41(g), the circuit remanded to give Zaleski a second bite at the apple.

The Facts

Among the weapons seized from Zaleski’s home were several illegal items.  He ultimately pled guilty to possessing (1) machine guns (2) a gun with an obliterated serial number and (3) a variety of unregistered devices. Until then, he was not a felon. 

The remaining items seized, which he …

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Categories: constructive possession, Rule 41(g), Uncategorized

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