Wilson

MEMORANDUM **

Wilson appeals the district court’s denial of his Rule 41(e) motion for return of property seized by the government in 1979. Fed.R.Crim.P. 41(e). We review de novo, United States v. Marolf, 173 F.3d 1213, 1216 (9th Cir.1999), and affirm.

Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition.

Rule 41(e) provides that:

Fed.R.Crim.P. 41(e). The government argues that Wilson’s motion is barred by the doctrine of laches, and the district court so held. “To assert the affirmative defense of laches, the party seeking immunity from suit must demonstrate that: (A) the opposing party inexcusably delayed the pursuit of its claim and (B) prejudice resulted from this delay.” Marolf, 173 F.3d at 1218 .

Here, Wilson brought his Rule 41(e) motion almost exactly twenty years after the property was seized. Although Wilson argues that he did not learn of the forfeiture until the Federal Bureau of Investigation (FBI) responded to his Freedom of Information Act (FOIA) request in 1999, we are satisfied that Wilson inexcusably delayed the pursuit of his claim in this case. See id. at 1218-19…