Durrani

MEMORANDUM **

Arif Ali Durrani appeals pro se from the district court’s order denying his motion to return property, pursuant to Fed. R.Crim.P. 41(g). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Durrani contends that the district court erred by denying his motion to return personal property that the government seized during a criminal proceeding. *848 We conclude that the district court did not err because the government submitted evidence that all of the seized items listed on its inventory were destroyed, and Durrani has not provided any evidence to the contrary or established that the government actually seized items not recorded on its inventory. See United States v. Marshall, 338 F.3d 990, 995 (9th Cir.2003).

Durrani also contends, for the first time on appeal, that the government violated his due process rights by destroying the seized property without providing notice. We decline to consider this contention because it was not raised in district court and addressing the contention would require development of a factual record. See Community House, Inc. v. City of Boise, 490 F.3d 1041, 1053-54 (9th Cir.2007). We decline to consider Durrani’s request…