U.S. v. MILLER

No. 09-2256.

588 F.3d 418 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Leroy F. MILLER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 2009.


Attorney(s) appearing for the Case

Daniel L. Bella, Attorney, Office of the United States Attorney, Hammond, IN, John M. Maciejczyk, Attorney, Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee.

H. Jay Stevens, Attorney, Indiana Federal Community Defenders, Inc., South Bend, IN, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and KANNE and TINDER, Circuit Judges.


EASTERBROOK, Chief Judge.

Leroy Miller was convicted of aiding and abetting the possession of firearms by Ricky Fines, a felon. Last year we affirmed Miller's conviction and 10-month sentence. 547 F.3d 718 (7th Cir.2008). Miller then asked the district court to return the 34 firearms that had been seized at his farm. See Fed.R.Crim.P. 41(g). To retain them, Miller contended, the United States needs an order of forfeiture—but...

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