No. 25-6893

Eduard Gasparyan v. United States

Lower Court: Ninth Circuit
Docketed: 2026-02-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constructive-possession federal-rule-of-criminal-procedure-41(g) jurisdiction property-seizure restitution-order state-federal-cooperation
Latest Conference: 2026-03-20
Question Presented (from Petition)

Whether the federal government "constructively possesses" property seized by state law enforcement—thereby conferring jurisdiction under Federal Rule of Criminal Procedure 41(g)—when state authorities expressly defer to federal prosecutors on the disposition of the property, federal prosecutors refuse to return it, investigate its provenance, dispatch federal agents to interrogate the owner's family about it, and initiate steps to liquidate it to satisfy a federal restitution order.

Question Presented (AI Summary)

Whether the federal government 'constructively possesses' property seized by state law enforcement, thereby conferring jurisdiction under Federal Rule of Criminal Procedure 41(g), when state authorities expressly defer to federal prosecutors on the property's disposition and federal prosecutors refuse to return it, investigate its provenance, and initiate steps to liquidate it to satisfy a federal restitution order

Docket Entries

2026-03-23
Petition DENIED.
2026-03-05
DISTRIBUTED for Conference of 3/20/2026.
2026-03-02
Waiver of United States of right to respond submitted.
2026-03-02
Waiver of right of respondent United States to respond filed.
2026-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2026)

Attorneys

Eduard Gasparyan
Steven Andrew BrodyLaw Office of Steven Brody, Petitioner
United States
D. John SauerSolicitor General, Respondent