United States v. Peter Tran

MEMORANDUM

Defendant-Appellant Peter Tran was indicted for illegally importing weapons parts from Vietnam. Although the charges were eventually dismissed with prejudice, the government destroyed the weapons parts upon which the charges were based. The district court held that these weapons parts were contraband and that Tran, therefore, was not entitled to their return or to compensation for their destruction. We affirm.

Although a person from whom the government seizes property is ordinarily entitled to its return, a motion for the return of such property may be denied “if the [person] is not entitled to lawful possession of the seized property, the property is contraband or subject to forfeiture or the government’s need for the property as evidence continues.” United States v. Van Cauwenberghe, 934 F.2d 1048, 1061 (9th Cir.1991). Treasury Department regulations, enacted pursuant to the Arms Export Control Act, 22 U.S.C. § 2778 (a)(1), prohibit the importation into the United States of defense articles, including the weapons parts at issue here, “originating in” Vietnam. 27 C.F.R. § 447.52 (a).

The district court did not clearly err in determining that the weapons parts…