Clymore v. United States

O’BRIEN, Circuit Judge.

This is the third appeal by Craig Cly-more arising from his motion for return of property filed pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure. 1 In the latest remand, the district court granted summary judgment in favor of the government and denied Clymore’s motions to reconsider. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we reverse and remand.

I. Background

On November 23, 1991, Craig Clymore (Clymore) and co-defendant Glen Zacker (Zacker) were arrested near Carlsbad, New Mexico, after landing a Cessna TU 206 aircraft (Tail No. N735ZG)…