Free Motion for Return of Property/PreTrial - District Court of Arizona - Arizona

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1- ENRIQUE VEGA CASTAN1mA #26070-359 _____HECErvED ___COPY
1 2 CITY CORRE¤'ICNAL CENTER
MAR 2 7 2005
3 P.0. BOX 3001-0001
—"—‘——_" CLERK U S DISTRICT COURT
4 O BY ° ' ""'°1 °*’”""°[§‘§,.U
5 1 I in n y
6 mITED STATES DIS'1RICI' CDURT
7 IN FOR THE: STATE OF ARIZONA
8 .
9 HNIRIQUE VE!.-IA CASTANEDA ) CASE NO.CR-04-00847-001-Pmiium)
PIAINTIFF I
1 0 Q1 . ) .
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11 vs. ) Morrow To usxunu Pnopssrr umm
) RULE 41(g) OFTHEFEDERALIQIJLES
12 3 or cRmmAL Puocuxmr.
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1 3 STATES OF AMERICA )
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l 1 6 (11*!II:‘S NCW MUVANT ENRIQUE VEGA in pro-se respectfully requests
1 7 hat the Honorable District Court Judge entertains,And Considers,.And grants
18 his Motion To Return Property Under Rule 41 (g) of The Federal Rules Of Cri-
19 inal Procedure as follows,.
20 laintiff moves to recover to recover money(1200) dollars {900} pesos Mexican
21 urrentcy that forfeited by the Border Patrol Agents at the time of arrest.
22 laintiff alledges Border Patrol Agents consficated the money by unjustly
23 laiming the money came from transporting Illegal Aliens,But was nevered char-
2*1 ge with that crime,instead Movant was charged with Ilegal RE-ENTRY after Dep-
_ 25 ortation,And was sentenced to a term of 36 months. P
26 Plaintiff previously filed a Civil Rights Complaint by a Prisoner,
27 CASE #CV 05-3005-PHX-ZEHCIDK). By ordered entered Nov ‘I8,2005(DKT#4) .
28 n 1
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Case 2:04—cr—00847-EHC Document 30 Filed 03/27/2006 Page 1 of 3

1 The court dismissed Plaintiff's complaint because he had erroneu—
2 sly relied upon 42 U;S.C 1983 BIVENS CLAIM.
3 Plaintiff then filed a first Amended C0mplaint,Plaintiff's first
4 Complaint failed to cure the deficiencies noted in the courts
‘ 5 earlier order. Because the Civil Rights Complaint reguires the
6 names of the Border Patrol Agents,Plaintiff has been unable to
7 obtain any previous helpfull documentation related to the origina
8 alledged incident of arrest. I
9 Plaintiff has tried several times through Counsel requesting the
10@necesary paperwork; like Discovery,The original indictment,The.
11 arrest report,But has been unsuccessfull. Plaintiff even Petition
12 the court requesting copies of documents relevant to the Plaintif
13 criminal case file, The court denied the Petition because it did
. 14 not include a Certificate that a copy was mailed to the attorney
b 15 cass THOMAS Toaox.
l 16 Plaintiff wishes to address the court the lack of legal knowledge
17 on his behalf being part of the factor in this recovery procedure,
18 And respectfully asks the COURT to bare with him.HAYNES vs[KERNER
19 404 U.S. 519 (1972) PRO SE COMPLAINT,wI-{ICH WE HOLD TO LESS STRING- I
20 NT STANDARDS THAN FORMAL PLEADINGS DRAFTED BY LAWYERS.
21 Plaintiff also wishes to let the cou t know that attorney GREG TH MAS TCPDK
n 22 was aware of the money recovery issu , ut failed to present it to the court _
23 at the time of sentencing. Plaintiff also states that JUDGE EARL H.CARROL, L
24 asked counsel at sentencing,!what n ws did he have about the d fendants money? l
I 25 Gmxwelammwe¤xLHE 26 Ytmm'fE his ATTO NEY. JUDGE EARL also asked Attorney TOROK,What was he caught 1
27 ith?,People,arms,or drugs?,Oo nsel stated,n ne of that your HONOR,
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I Case 2:O4—cr—OO847-EHC Document 30 Filed O3/27/2006 Page20f'3 ‘ `

1 Then the JUDGE EARL told oounsel,Then you can't keep his money.
29 Plaintiff realizes he cantobtain the necesary documentation neede
3 to fullfill his CIVIL RIGHTS COMPLAINT to befiled in time before
4 the courts dead line of MARCH 31st 2006.
‘ 5 Plaintiff chooses the alternative to motion the court for recover
6 of property under RULE 41(g) FEDERAL CRIMINAL PROCEDURE,As recom-
7 ened by the COURT. Instead of his CIVIL.RIGHTS COMPLAINT pending
BI procedure which will be unsuccessfull on meeting the deadline.
9 MOTION TO RETURN PROPERTY UNDER RULE 41(g) OF THE FEDERAL RULES
105OF CRIMINAL PROCEDURE PROVIDES;
11 A PRESON AGGREIVED BY AN UNLAWFULL SEARCH AND SEIZURE OF PROPERTY,
12 OR BY THE DEPRIVATION OF PROPERTY MAY MOVE FOR THE PROPERTIES
13 RETURN.FED R.CRIM.P.41(g). A MOTION TO RETURN PROPERTY MAY BE FIe=`
A 14 LED EVEN WHEN CRIMINAL PROCEEDINGS ARE NO LONGER PENDING.UNITED
} 1§_STATES VS.KAMA 394 F 3D 1236 123B(9thCIRCUIT) `(2005).
l 16 A MOTION FOR RETURN OF PROPERTY IN A CRIMINAL ACTION IS TREATED
17 AS AN EQUITABLE PROCEEDING.UNITED STATES VS,RITCHIE,342 F3D 903,
jg 907(9th) CIR.2003). COLLECTING DECISIONS OF THE FIRST,SECOND, U
19 THIRD,FIFTH,SIXTH,SEVENTH,EIGHT,TENTH AND ELEVENTH CIRCUITS,. l
20 UNITED STATES V,MARTINSON, 809 F2D 1364,1357(9th*CIR‘1987}(SAME).
21 PLIANTIFF RESPECTFULLY EXPRESSES HIS INTEREST IN THIS LEGAL ISSUE
22 TO THE HONORABLE COURT,AND RESPECTFULLY REQUESTS,AND PRAYS,· l
23- THAT THE HONORABLE COURT,ENTERTAINS,CONSIDERS,AND GRANTS THIS
24 MOTION TO RETURN PROPERTY,IN THIS CASE THE MONEY THAT WAS CONSFI—
25 CATED UNJUSTLY BY CLAIMING IT CAME FROM TRANSPORTING ILEGAL ALIEN y
• 26 BUT WAS NEVERED CHARGED FOR THE ALLEDGE CRIME.
27 RESPECTFULLY SUBMITTED, Qmxln Egg .
·28 . 3-22-06 l
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