Filed: Jun. 29, 2000
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-3398 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the Eastern v. * District of Arkansas. * Charles Edwin Davidson, * [UNPUBLISHED] * Appellant. * _ Submitted: June 20, 2000 Filed: June 29, 2000 _ Before WOLLMAN, Chief Judge, FAGG and BOWMAN, Circuit Judges. _ PER CURIAM. Charles Edwin Davidson appeals the denial of his motions for return of property, for disqualification of the United
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-3398 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the Eastern v. * District of Arkansas. * Charles Edwin Davidson, * [UNPUBLISHED] * Appellant. * _ Submitted: June 20, 2000 Filed: June 29, 2000 _ Before WOLLMAN, Chief Judge, FAGG and BOWMAN, Circuit Judges. _ PER CURIAM. Charles Edwin Davidson appeals the denial of his motions for return of property, for disqualification of the United ..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 99-3398
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Eastern
v. * District of Arkansas.
*
Charles Edwin Davidson, * [UNPUBLISHED]
*
Appellant. *
___________
Submitted: June 20, 2000
Filed: June 29, 2000
___________
Before WOLLMAN, Chief Judge, FAGG and BOWMAN, Circuit Judges.
___________
PER CURIAM.
Charles Edwin Davidson appeals the denial of his motions for return of property,
for disqualification of the United States Attorney (USA), and for recusal of United
States District Judge George Howard, Jr. and "all other similarly situated Masonic
judges" (collectively District Judge). Davidson claims he did not receive due process
when his guns and vehicles, seized in connection with his arrest on multiple criminal
counts, were distributed to other parties before he was given an opportunity to show
he was lawfully entitled to them. Contrary to Davidson's view, he had no right to
present evidence because "it [was] apparent that [Davidson] [was] not lawfully entitled
to own or possess the property" he claimed. See United States v. Felici,
208 F.3d 667,
670 (8th Cir. 2000). As a convicted felon, Davidson was prevented from possessing
the guns, see id.; a pickup, confirmed stolen, was turned over to the insurance
company; and vehicles subject to liens were turned over to the lienholders. The district
court properly denied Davidson's motion for return of property. His motions for
disqualification of the USA and for recusal of the District Judge are without merit and
were also properly denied. Davidson's motion to strike the brief of the United States,
taken with this case, is now denied.
We affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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