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U.S. v. Mitchell

United States Court of Appeals, Fourth Circuit
Apr 30, 2009
324 F. App'x 264 (4th Cir. 2009)

Summary

recognizing that determining a motion to return property, brought under the federal analog to NRS 179.085, is within the district court's discretion

Summary of this case from State v. Justice Court

Opinion

No. 08-7944.

Submitted: April 23, 2009.

Decided: April 30, 2009.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:02-cr-00025-JCC-1).

Jamal Mitchell, Appellant Pro Se. Thomas More Hollenhorst, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Jamal Mitchell appeals the district court's order denying his motion for the return of property, pursuant to Fed.R.Crim.P. 41(g). We review the denial of a Rule 41(g) motion for return of property for an abuse of discretion. United States v. Chambers, 192 F.3d 374, 376 (3d Cir. 1999). We have reviewed the record and find no abuse of discretion. Accordingly, we deny Mitchell's motion for substantive relief and affirm for the reasons stated by the district court. See United States v. Mitchell, No. 1:02-cr-00025-JCC-1, 2008 WL 3914883 (E.D.Va. Aug. 20, 2008). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.


Summaries of

U.S. v. Mitchell

United States Court of Appeals, Fourth Circuit
Apr 30, 2009
324 F. App'x 264 (4th Cir. 2009)

recognizing that determining a motion to return property, brought under the federal analog to NRS 179.085, is within the district court's discretion

Summary of this case from State v. Justice Court
Case details for

U.S. v. Mitchell

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Jamal MITCHELL, a/k/a…

Court:United States Court of Appeals, Fourth Circuit

Date published: Apr 30, 2009

Citations

324 F. App'x 264 (4th Cir. 2009)

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