No. 19-8366

Andres Fernando Cabezas v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-04-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals appellate-procedure circuit-split civil-procedure criminal-procedure due-process federal-jurisdiction forfeiture property-recovery property-rights rule-41g subject-matter-jurisdiction
Latest Conference: 2020-05-28
Question Presented (from Petition)

1. The Eleventh Circuit holds that a notice of appeal is a per se divestiture of a district court's jurisdiction over a motion for return of property under Federal Rule of Criminal Procedure 41(g). No other circuit in the Court of Appeals adopts that rule of law. Does a district court have subject-matter jurisdiction to decide 41(g) motions for recovery of property that is unrelated to a criminal judgment on appeal?

2. Implicitly, the Eleventh Circuit resolved an issue of national importance -must the contents of a media storage device be forfeited separately from the storage device. The Eleventh Circuit resolved that question in a manner that conflicts with both the civil and criminal rules of procedure. Are the untainted contents of a multimedia storage device, such as an iPhone, forfeited when the storage device is forfeited or must the electronically-stored contents be forfeited separately and specifically?

Question Presented (AI Summary)

Does a district court have subject-matter jurisdiction to decide 41(g) motions for recovery of property that is unrelated to a criminal judgment on appeal?

Docket Entries

2020-08-24
Rehearing DENIED.
2020-07-30
DISTRIBUTED.
2020-06-26
Petition for Rehearing filed.
2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-06
Waiver of right of respondent United States to respond filed.
2020-04-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 27, 2020)

Attorneys

Andres Fernando Cabezas
Andres Fernando Cabezas — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent