United States v. Joseph Michael Amore

KILEY, Circuit Judge.

This appeal by the government raises the question whether the district court, after sentencing defendant upon his plea of guilty to violation of the wagering provisions of the Internal Revenue Code 1 , had jurisdiction to summarily order return to defendant of $1,605.39 seized, by Treasury agents, when they arrested him. We think the court had no jurisdiction to enter the order.

The day following defendant’s conviction and sentence, the district court, on defendant’s motion, ordered the money turned over to him. We stayed enforcement of the order pending appeal.

Admittedly…