U.S. Court of Appeals for the Eighth Circuit, 2015

United States v. Jovica Petrovic

United States v. Jovica Petrovic
U.S. Court of Appeals for the Eighth Circuit · Decided August 26, 2015 · Benton, Bowman, Kelly, Per Curiam
612 F. App'x 869

United States v. Jovica Petrovic

Opinion

PER CURIAM.

Jovica Petrovic appeals from the summary denial of his motion for return of seized property under Rule 41(g) of the Federal Rules of Criminal Procedure. In his motion, Petrovic stated that various items had been taken from him in 2010 upon the execution of a search warrant.

Upon careful review, we conclude that the summary denial of Petrovic’s motion was improper. See Jackson v. United States, 526 F.3d 394, 396-97 (8th Cir. 2008) (discussing proceedings in a Rule 41(g) action). Accordingly, we vacate the denial of relief and remand for further proceedings, which shall include requiring the government to respond to Petrovic’s motion.

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