Doctrine of sovereign immunity bars monetary relief in Rule 41(e) return of property action

CRIMINAL FORFIETURE Clymore v. United States, No. 02-2264, ___ F.3d ___ (10th Cir. Jul. 5, 2005)(New Mexico). Appeal of district court’s denial of defendant’s motion for return of property or its monetary equivalent brought under Rule 41(e) of Federal Rules of Criminal Procedure. HELD: Doctrine of sovereign immunity bars monetary relief in Rule 41(e) action seeking return of property when government no longer possesses contested property. Read the opinion here.