McBEAN v. U.S.

No. 5:01CV0406.

147 F.Supp.2d 820 (2001)

Peter David McBEAN, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, N.D. Ohio, Eastern Division.

April 25, 2001.


Attorney(s) appearing for the Case

Peter David McBean, White Deer, PA, for Petitioner.

Kathleen Lucille Midian, Office of the United States Attorney, Cleveland, OH, Samuel A Yannucci, Office of the U.S. Attorney, Akron, OH, for U.S.


MEMORANDUM OPINION AND ORDER

DOWD, District Judge.

Before the Court is petitioner's Fed. R.Crim. R. 41(e) motion for return of property. The specific question raised by this case is whether, under Rule 41(e), a petitioner may seek and obtain compensation for property seized and wrongfully not returned by the government. The motion has been fully briefed. For the reasons set forth below, petitioner's motion is overruled because the Court concludes...

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