McBean v. United States

MEMORANDUM OPINION AND ORDER

DOWD, District Judge.

Before the Court is petitioner’s Fed. R.Crim. R. 41(e) motion for return of property. The specific question raised by this case is whether, under Rule 41(e), a petitioner may seek and obtain compensation for property seized and wrongfully not returned by the government. The motion has been fully briefed. For the reasons set forth below, petitioner’s motion is overruled because the Court concludes that Rule 41(e) provides no avenue for monetary relief in lieu of return of property.

I. BACKGROUND

The petitioner, previously convicted and sentenced…