United States v. Donald Lawrence Ritchie, Heather Horner, Claimant-Appellant

U.S. Court of Appeals, Ninth Circuit · Decided 2003-08-26

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WILLIAM A. FLETCHER, Circuit Judge. After the conclusion of criminal proceedings, appellant Heather Horner sought the return of seized personal property pursuant to Federal Rule of Criminal Procedure 41(e). The district court denied relief, and we reverse. We hold that Horner’s Rule 41(e) motion should have been treated as a complaint filed under the Federal Rules of Civil Proce…

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