Legal Opinion
United States v. Giovanelli
District Court, S.D. New York
Decided November 30, 1992No. 88 Cr. 954 (CBM)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
MOTLEY, District Judge.
The Controversy
Federico Giovanelli seeks, under Fed. R.Crim.Pro. 41(e), the return of certain moneys, $471,600, that were seized from safe deposit boxes by the United States, contending that there was no proper forfeiture, and that the applicable statute of limitations (five years) bars their forfeiture at the present time. The initial question before us is whether the court that rendered a criminal judgment against defendant has jurisdiction to entertain that criminal defendant’s motion for return of property seized when that property was seized and…
2Cases cited16 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Robinson v. HanrahanSupreme Court of the United States · 1972
- First City National Bank and Trust Company v. Freddy L. Simmons, and Herman Carter MoodyCourt of Appeals for the First Circuit · 1989
- Josephine Weigner v. The City of New YorkCourt of Appeals for the Second Circuit · 1988
- Luis Mora v. United StatesCourt of Appeals for the Second Circuit · 1992
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3Cited by4 opinions
- United States v. Rafael J. FeliciCourt of Appeals for the Eighth Circuit · 2000
- United States v. Federico Giovanelli A/K/A FritzyCourt of Appeals for the Second Circuit · 1993
- United States v. GiovanelliDistrict Court, S.D. New York · 1994
- United States v. Rafael J. FeliciCourt of Appeals for the Eighth Circuit · 2000