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
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