United States v. Jovica Petrovic, No. 15-1954 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Bowman and Kelly, Circuit Judges] Criminal case - Forfeiture. Denial of Petrovic's motion for return of seized property under Rule 41(g) of the Federal Rules of Criminal Procedure is reversed, and the case is remanded for further proceedings, which shall include requiring the government to respond to the motion. [ August 25, 2015
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1954 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jovica Petrovic, also known as Joshua Petrovic lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: August 17, 2015 Filed: August 26, 2015 [Unpublished] ____________ Before BENTON, BOWMAN, and KELLY, Circuit Judges. ____________ 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. ______________________________ -2-
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