Legal Opinion
United States v. Gonzalez Gonzalez
Court of Appeals for the First Circuit
Decided July 23, 2001No. 00-1564PublishedCited by 339 opinions
1Opinion of the Court
SELYA, Circuit Judge.
Challenging the constitutional sufficiency of the process employed by the government in forfeiting two motor vehicles, petitioner-appellant Manuel González-González (González) moved in the district court for recovery of the seized property. See Fed.R.Crim.P. 41(e). The district court properly treated González’s Rule 41(e) motion as a civil complaint and summarily dismissed it. González appeals. Sua sponte dismissals are strong medicine, and should be dispensed sparingly. Given the circumstances of this case, a sua sponte dismissal cannot be justified. Consequently, we…
2Cases cited26 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
21 more not listed; retrieve them via the Exa API.
3Cited by339 opinions
- Gagliardi v. SullivanCourt of Appeals for the First Circuit · 2008
- Sanchez v. Pereira-CastilloCourt of Appeals for the First Circuit · 2009
- Tazoe v. Airbus S.A.S.Court of Appeals for the Eleventh Circuit · 2011
- Santiago v. Commonwealth of Puerto RicoCourt of Appeals for the First Circuit · 2011
- Garayalde-Rijos v. Municipality of CarolinaCourt of Appeals for the First Circuit · 2014
334 more not listed; retrieve them via the Exa API.