Filed: Nov. 07, 2002
Latest Update: Feb. 22, 2020
Summary: , TAG NO. BFX 264;Claimant, Appellant., Guillermo Gil, United States Attorney, and Jose Javier Santos, Mimoso, Assistant United States Attorney, on brief for appellee.proceeding was commenced did not permit an award of any interest.misunderstanding of the doctrine of sovereign immunity.
[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-2734
UNITED STATES,
Plaintiff, Appellee,
v.
TWENTY ONE ITEMS VALUED AT $24,663.12;
TAG NO. BFX 264; TAG NO. BDS 136,
Defendants,
_____________________
ALFONSO CARDONA-ARREDONDO,
Claimant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jaime Pieras, Jr., U.S. District Judge]
Before
Boudin, Chief Judge,
Torruella and Howard, Circuit Judges.
Alfonso Cardona Arredondo on brief pro se.
Guillermo Gil, United States Attorney, and Jose Javier Santos
Mimoso, Assistant United States Attorney, on brief for appellee.
November 7, 2002
Per Curiam. As the government argues, claimant's attempt to
recover interest on funds and property which the government had
seized when claimant was arrested but which were ultimately
returned to him is barred by the doctrine of sovereign immunity as
explained in a decision issued during the pendency of this appeal.
Larson v. United States,
274 F.3d 643 (1st Cir. 2001); see also 28
U.S.C. ยง 2465. The version of the statute in effect when this
proceeding was commenced did not permit an award of any interest.
Id. at 647. Although a new version of the statute now provides for
the recovery of interest, the new version applies prospectively
only.
Id.
Claimant's argument that we previously mandated an award of
interest to him when we remanded the matter to the district court
is based on a misapprehension of the remand order (which permitted
the district court to explore anew the question of interest) and a
misunderstanding of the doctrine of sovereign immunity. Since
sovereign immunity deprives the federal court of jurisdiction, it
may be raised at any time during the proceedings regardless of
prior orders in the case and regardless of a party's failure to
object on that ground.
Id. at 648.
Claimant's arguments regarding his motion for the return of an
automobile which was not registered in his name, and his attempt to
obtain sanctions against the government are frivolous.
The judgment is affirmed for the reasons stated above.
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