United States v. Larry Eames

MEMORANDUM

Larry Ray Eames appeals pro se from the district court’s April 14, 2009, order denying in part his Federal Rule of Criminal Procedure 41(g) motion for the return of property from the United States government. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, United States v. Ritchie, 342 F.3d 903, 906 (9th Cir.2003), and we affirm.

Following convictions in 1998 for fraud, money laundering, and conspiracy to commit money laundering, Eames was sentenced in 1999 to 365 months imprisonment and ordered to pay restitution of $8.7 million. Eames’s money laundering convictions were vacated in 2011 by the United States District Court for the Eastern District of North Carolina upon grant of his petition for writ of habeas corpus. He was re-sentenced by that court to 135 months, with credit for time served, and his restitution and “any current forfeiture orders” were vacated. Those decisions have no impact on the issues before us.

The district court denied Eames’s 41(g) motion, filed on September 28, 2000, for return of property seized by the government during the criminal investigation. In 2008, we affirmed in part, and remanded for the district court to decide…