Clymore v. United States

Craig Clymore appeals for the second time from the dismissal with prejudice of his claims made pursuant to Federal Rule of Criminal Procedure 41(e) for return of property administratively forfeited in federal proceedings. Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse. 1

I. Background facts and proceedings

The factual history of this case is well documented in Clymore v. United States, 164 F.3d 569 (10th Cir.1999), and need not be repeated here. There, in reversing summary judgment granted in favor of the government, we held that constitutionally ineffective notice voided…