U.S. v. IBRAHIM

No. 07-50153.

522 F.3d 1003 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Tamer Adel IBRAHIM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2008.


Attorney(s) appearing for the Case

James W. Spertus, Los Angeles, CA, and Ronald Richards, Beverly Hills, CA, for the defendant-appellant.

Thomas P. O'Brien, United States Attorney, Christine C. Ewell, Assistant United States Attorney, and Steven R. Welk, Assistant United States Attorney, for the plaintiff-appellee.

Before: J. CLIFFORD WALLACE, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.


WALLACE, Circuit Judge:

Tamer Adel Ibrahim (Tamer) appeals from the district court's denial of his motion for return of property, which he filed pursuant to Rule 41(g) of the Federal Rules of Criminal Procedure. There were no criminal charges pending at the time he filed the motion, so the district court treated it as a civil complaint governed by the Federal Rules of Civil Procedure. The principal question before us is whether the court erred when it applied a preponderance...

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