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U.S. v. CARMEN

United States District Court, S.D. New York


May 24, 2004.

UNITED STATES OF AMERICA, Plaintiff, -against- EDIBERTO DEL CARMEN, etc., et ano., Defendants

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Defendant moves, pursuant to Fed.R.Crim.P. 41(e), for the return of property he claims was seized from him by the FBI, claiming that the materials "are no longer needed for trial since the criminal proceedings are over." Motion at 2.

Judgment was entered against defendant in the criminal case on May 21, 2003. Defendant appealed from the judgment on the following day. The appeal remains pending in the Court of Appeals. In consequence, the criminal proceedings against defendant are not over.

  The motion therefore is denied without prejudice to renewal following the completion of the criminal proceedings. The Clerk shall enter this order on both the criminal and civil dockets and close the civil case.*fn1

  SO ORDERED.


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