United States v. Rodriguez-Aguirre

O’BRIEN, Circuit Judge.

This is the second appeal in this case. Gabriel Rodriguez-Aguirre and Eleno Aguirre (collectively referred to as the Aguirres) filed a motion pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure 1 seeking the return of over 205 items of personal property which they allege the government seized from them but never properly forfeited. On the recent remand, the district court granted summary judgment in favor of the government and denied the Aguirres’ motion for partial summary judgment. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I. Background

Gab…