No. 21-7319

Abraham A. Augustin v. United States

Lower Court: Sixth Circuit
Docketed: 2022-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ancillary-jurisdiction civil-action criminal-investigation due-process equity federal-court property-seizure return-of-property rule-41(g) rule-41g
Key Terms:
DueProcess Securities Privacy
Latest Conference: 2022-04-01
Question Presented (AI Summary)

Whether the United States indictment of a defendant created ancillary jurisdiction over the property

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WHETHER THE UNITED STATES INDICTMENT OF A DEFENDANT WHO'S PROPERTY WAS SEIZED BY THE STATE AND FBI DURING THE CRIMINAL INVESTIGATION OF A CASE PROSECUTED IN FEDERAL COURT CREATED ANCILLARY JURISDICTION OVER THE PROPERTY BY THE UNITED STATES AND U.S. DISTRICT COURT? II. WHETHER A DISTRICT COURT ADJUDICATING A RULE 41(g) PROCEEDING FILED AT THE CONCLUSION OF THE CRIMINAL PROCEEDINGS, CONSIDERED TO BE A CIVIL ACTION , IN EQUITY, HAS PANOPLY POWER TO GRANT RELIEF, INCLUDING ALLOWING THE CLAIMANT TO ASSERT ALTERNATIVE CLAIMS? . IIL. WHETHER A DISTRICT COURT'S FOUR-YEAR DELAY AND THE CIRCUIT'S SEVEN-YEAR DELAY IN ADJUDICATING A MOTION FOR THE RETURN OF PROPERTY CAUSED OR CONTRIBUTED TO THE PROPERTY'S DESTRUCTION?

Docket Entries

2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-03-11
Waiver of right of respondent United States to respond filed.
2022-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2022)

Attorneys

Abraham A. Augustin
Abraham Augustin — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent