Filed: Dec. 09, 2014
Latest Update: Dec. 09, 2014
Summary: ORDER KARLA R. SPAULDING, District Judge. Michael Harper moves (Doc. 85) under Rule 41(g), Federal Rules of Criminal Procedure, for return of "[$]20,000.00 [seized] at the home of Harper" on January 16, 2013, the day of Harper's arrest for the offenses charged in the indictment. The United States opposes the motion. (Doc. 87). On October 24, 2014, in response to the magistrate judge's September 15, 2014 order (Doc. 89), the United States supplemented the response to Harper's motion. (Doc. 92)
Summary: ORDER KARLA R. SPAULDING, District Judge. Michael Harper moves (Doc. 85) under Rule 41(g), Federal Rules of Criminal Procedure, for return of "[$]20,000.00 [seized] at the home of Harper" on January 16, 2013, the day of Harper's arrest for the offenses charged in the indictment. The United States opposes the motion. (Doc. 87). On October 24, 2014, in response to the magistrate judge's September 15, 2014 order (Doc. 89), the United States supplemented the response to Harper's motion. (Doc. 92)...
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ORDER
KARLA R. SPAULDING, District Judge.
Michael Harper moves (Doc. 85) under Rule 41(g), Federal Rules of Criminal Procedure, for return of "[$]20,000.00 [seized] at the home of Harper" on January 16, 2013, the day of Harper's arrest for the offenses charged in the indictment. The United States opposes the motion. (Doc. 87). On October 24, 2014, in response to the magistrate judge's September 15, 2014 order (Doc. 89), the United States supplemented the response to Harper's motion. (Doc. 92).
Finding that a hearing was unnecessary, on November 5, 2014, the magistrate judge issued a report and recommendation (Doc. 95). Harper objects (Doc. 100) to the report and recommendation.
Notwithstanding Harper's claim to the contrary, the United States has established that the $19,381 is 21 U.S.C. § 881 currency and that Harper is not legally entitled to return of the money. Harper's objection (Doc. 92) to the report and recommendation is OVERRULED, the report and recommendation is ADOPTED, and Harper's motion (Doc. 85) for return of the funds is DENIED.
ORDERED.
