No. 19-8277

Abraham A. Augustin v. United States

Lower Court: Sixth Circuit
Docketed: 2020-04-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ancillary-jurisdiction bivens-action civil-procedure constructive-possession criminal-investigation criminal-procedure fed-r-crim-p-16 fed-r-crim-p-41 jurisdiction property-seizure
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2020-05-15
Question Presented (from Petition)

1. Whether the district court had ancillary jurisdiction over
property seized during the criminal investigation of an
offense prosecuted in said district court?

2. Whether the United States was in possession of properties,
pursuant to Fed. R. Crim. P. 16, when the properties were
seized during the criminal investigation of an offense
prosecuted in federal court, included in the United States
discovery to Augustin, vouched for during closing argument at trial, presented in the United States case-in-chief , and obtained
from and belonged to Augustin?

3. Whether a claim for money damages can be asserted when the United
States is held responsible for lost or illegally forfeited
property in the United States constructive possession?

or

Whether the Fed.;'R. Crim. P. 41 Motion for Return of Property
should have been construed as a Bivens action once the United
States admitted it no longer possessed the property that was in its constructive possession?

Question Presented (AI Summary)

Whether the district court had ancillary jurisdiction over property seized during the criminal investigation

Docket Entries

2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-21
Waiver of right of respondent United States to respond filed.
2020-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2020)

Attorneys

Abraham A. Augustin
Abraham Augustin — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent