Vincent Soviero v. United States

CARDAMONE, Circuit Judge:

Vincent Soviero, pro se and in forma pauperis, appeals from an order of the United States District Court for the Eastern District of New York (Sifton, J.) denying his motion, construed by the court as a motion under Rule 41(e) of the Federal Rules of Criminal Procedure, for the return of seized property. The issue presented by this appeal is whether a prisoner’s motion for the return of property seized at the time of his arrest is rendered moot because the government either has destroyed it or declared it forfeit. We answer this question in the negative and,…