Petrus

United States v. Petrus

Good Law
59 F. App'x 941
United States Court of Appeals for the Ninth CircuitMarch 19, 2003No. 02-30145; D.C. No. CR-01-00101-RSLCalifornia252 words

Opinion

Lead Opinion

MEMORANDUM **

John Petrus appeals pro se the district court’s denial of his motion to reconsider the court’s denial of his Federal Rule of Criminal Procedure 41(e) motion for the return of property allegedly seized in connection with drug-related charges. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Reviewing for an abuse of discretion, see United States v. Nutri-cology, Inc., 982 F.2d 394, 397 (9th Cir.1992), we conclude that the district court did not err by denying reconsideration of Petrus’s Rule 41(e) motion on the grounds that he faded to present any new evidence that his property was in the possession of the federal government. See United States v. Huffhines, 986 F.2d 306, 308 (9th Cir.1993) (recognizing that the district court does not have jurisdiction to order the United States government to return property independently seized and possessed by state law enforcement).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

. Although Petrus timely appealed the denial of his motion to reconsider, he did not timely appeal the…

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