United States v. Silva

ORDER

Federal inmate Tony Silva appeals from the denial of his post-judgment motion for return of property seized during the criminal investigation underlying his convictions. For the following reasons, we reverse and remand.

In 1996 Silva pleaded guilty to conspiracy to illegally import and sell protected wildlife, and to filing a false income tax return. Silva was sentenced to 82 months’ imprisonment. In March 2000, while in prison, Silva moved under Federal Rule of Criminal Procedure 41(e) for return of property seized during the criminal investigation. Because the government failed to…