Opinion
Case No. 07-cr-209.
June 3, 2010
ORDER
THE COURT FINDS, based on the pleadings of the United States and Defendant Demmler, there are no factual issues which must be determined and that there is no legal basis for an order for the return of property at this time.
THE COURT ORDERS, that the Motion Pursuant to Rule 41 for the Return of Property filed by Karl A. Demmler is GRANTED in part and DENIED in part. The motion is GRANTED in that the government may not hold any of the Defendant's property beyond the conclusion of relevant criminal proceedings and will return all non-contraband items upon termination of criminal proceedings. The motion is DENIED as to any order compelling the return of property while any appeal or further criminal proceedings are pending. Notwithstanding this Order, the government is encouraged follow-through with the return of any seized items with minimal impact on any future criminal proceedings.