United States v. Schiavo

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR RETURN OF FORFEITED PROPERTY

SARIS, District Judge.

INTRODUCTION

On December 1, 1994, Defendant Kenneth Schiavo was convicted on four counts of a superseding indictment charging him with conspiracy to distribute cocaine and possession of cocaine with intent to distribute after a jury trial before this Court. He now presses a previously filed motion for return of property to recover currency which was seized during an illegal search of his person and which had been forfeited after administrative proceedings while he was a fugitive from justice. He…