United States v. Juan Jose Nunez

5 F.3d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Juan Jose NUNEZ, Defendant-Appellant. No. 92-10472. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1993. Decided Aug. 27, 1993. 1 Appeal from the United States District Court for the District of Arizona; No. Misc-92-01143-RCB, Robert C. Broomfield, District Judge, Presiding. 2 D.Ariz. 3 AFFIRMED. 4 Before BROWNING and CANBY, Circuit Judges, and KELLEHER, * District Judge. 5 MEMORANDUM ** 6 The parties are familiar with the facts and issues presented in this case and we will not repeat them here. 7 The district court has general equitable jurisdiction to hear a motion for return of property even where no criminal proceeding is pending; the motion will be treated as a civil equitable proceeding even if styled as a motion under Fed.R.Crim.P. 41(e). United States v. Martinson, 809 F.2d 1364, 1367 (9th Cir.1987). However, where the person…