U.S. v. Norwood

Federal 7th Circuit Court
Criminal Court
Conversion
Citation
Case Number: 
No. 09-2507
Decision Date: 
April 20, 2010
Federal District: 
C.D. Ill.
Holding: 
Vacated and remanded
Defendant was entitled to remand on his Rule 41(g) motion (filed after entry of guilty plea) seeking restitution from govt. for value of missing property that had been seized from defendant at time of his arrest on drug offense. While Dist. Ct. could properly deny defendant any request for monetary relief pursuant to his Rule 41(g) motion, defendant should have opportunity to amend/convert his motion to allege either civil Bivens or section 1983 claim, as well as state law claim under supplemental jurisdiction against federal officers or other third-parties to extent defendant can show that his property was stolen. Defendant, though, will not be able to seek relief under 31 USC sec. 3724 since defendant had failed to file instant claim with Attorney General within applicable one-year deadline.