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UNITED STATES v. NOCITO

No. 20-2955.

64 F.4th 76 (2023)

UNITED STATES of America v. Joseph W. NOCITO. Nocito Enterprises, Inc.; Palace Development Company, Inc.; Jonolley Properties, Inc., Intervenors/Appellants pursuant to F.R.A.P. 12(a).

United States Court of Appeals, Third Circuit.

(Filed: April 3, 2023.)

Attorney(s) appearing for the Case

Phillip P. DiLucente, Phil DiLucente & Associates, 310 Grant Street, Suite 1801 Grant Building, Pittsburgh, PA 15219, Daniel Hartnett [ARGUED], Clark Hill, 130 East Randolph Street, Suite 3900, Chicago, IL 60601, Brandon J. Verdream, Clark Hill, 301 Grant Street, One Oxford Centre, 14th Floor, Pittsburgh, PA 15219, Counsel for Intervenors/Appellants.

Laura S. Irwin, Matthew S. McHale [ARGUED], Office of United States Attorney, 700 Grant Street, Suite 4000, Pittsburgh, PA 15219, Counsel for the Appellee.

BEFORE: McKEE, RESTREPO and BIBAS, Circuit Judges.

OPINION OF THE COURT

Federal Rule of Criminal Procedure 41(g) allows persons deprived of property by the government to petition the courts to get it back. Here, the Rule 41(g) motion was not intended to recover property but to suppress evidence in the underlying prosecution. Because we conclude the Rule 41(g) motion...

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