United States v. Kenneth Alan Clagett
Opinion
Opinion
Tang, J.
Kenneth Alan Clagett appeals pro se the decision of the district court denying his Fed.R.Crim.P. 41(e) motion for return of $14,700 seized from the house where Clagett was arrested in 1989. The district court denied the motion on the ground that the money was administratively forfeited to the United States prior to Clagett’s motion. We reverse and remand for further proceedings.
I.
In 1989, a search warrant was executed at 6433 Bradford Street in San Diego. Clagett and three other persons.were in the residence from which the government seized $14,700. The government apparently believed that one Steven Udell owned the money seized.
Three months later, a notice of seizure and intent to forfeit the cash was delivered to the Bradford Street address. It was addressed to Udell. The return receipt was signed by another person who was present at the original seizure. The government also mailed personal notice to Udell at two other loca tions. The government further published a seizure and forfeiture notice in USA Today for three weeks running. On July 20, 1989, after no response was received to the notices, the funds were administratively forfeited.