No. 19-8277

Abraham A. Augustin v. United States

Lower Court: Sixth Circuit
Docketed: 2020-04-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ancillary-jurisdiction bivens-action civil-procedure constructive-possession criminal-investigation criminal-procedure fed-r-crim-p-16 fed-r-crim-p-41 jurisdiction property-seizure
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Whether the district court had ancillary jurisdiction over property seized during the criminal investigation

Question Presented (from Petition)

QUESTION(S) PRESENTED : 1. Whether the district court had ancillary ‘jurisdiction over . ‘property seized during the criminal investigation of an offense prosecuted in said district court? : . 2. Whether the United States was ‘in possession of properties, , pursuant to Fed. R. Crim. P. 16, when the propertiés were seized during. the criminal investigation of an offense ; prosecuted in federal court, included in the United States ' discovery to Augustin, vouched for during closing argument at : trial, presented in the United States case-in-chief, and obtained from and helonged to Augustin? 3. Whether a claim for money damages can be asserted when the. United : States is held responsible for lost or illegally forfeited property in the United States constructive possession? a : . . or . . , : Whether the Fed./R. Crim. P. 41 Motion for Return of Property . should have been construed as a Bivens action once the United States admitted it no longer possessed the property that was in its constructive. possession? _ .

Docket Entries

2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-21
Waiver of right of respondent United States to respond filed.
2020-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2020)

Attorneys

Abraham A. Augustin
Abraham Augustin — Petitioner
Abraham Augustin — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent