Does a judge have jurisdiction to hear a post-trial motion for the return of seized property?
MultiRegion, United States of America
The following excerpt is from Soviero v. U.S., 967 F.2d 791 (2nd Cir. 1992):
We have held that a district court where a defendant is tried has ancillary jurisdiction to decide a defendant's post-trial motion for the return of seized property. See Mora v. United States, 955 F.2d 156, 158 (2d Cir.1992). Where criminal proceedings are no longer pending against the defendant such motion is treated as a civil
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