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United States v. Thomas

United States Court of Appeals, Ninth Circuit
Mar 17, 2006
171 F. App'x 628 (9th Cir. 2006)

Opinion

Submitted March 8, 2006.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Susan B. Dohrmann, Office of the U.S. Attorney, Seattle, WA, for Plaintiff--Appellee.

Mark Charles Thomas, Liberty, TX, pro se.


Appeal from the United States District Court for the Western District of Washington

Page 629.

, Thomas S. Zilly, District Judge, Presiding. D.C. No. CR-98-00037-TSZ.

Before: CANBY, BEEZER and KOZINSKI, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Mark Charles Thomas appeals pro se from the district court's order directing the government to dispose of seized property. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Thomas contends that the district court violated his due process rights by failing to hold an evidentiary hearing before granting the government's request to dispose of the seized property. But Thomas did not request an evidentiary hearing, and his unsubstantiated claim of a legal property interest in the seized items was insufficiently specific and detailed to require a hearing in this context. See Cohen v. United States, 378 F.2d 751, 760-61 (9th Cir.1967).

To the extent that Thomas contends that the seizure of the property violated the Fourth Amendment, any constitutional defect in the seizure was cured by his unconditional guilty plea. See United States v. Floyd, 108 F.3d 202, 204 (9th Cir.1997).

AFFIRMED.


Summaries of

United States v. Thomas

United States Court of Appeals, Ninth Circuit
Mar 17, 2006
171 F. App'x 628 (9th Cir. 2006)
Case details for

United States v. Thomas

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Mark Charles THOMAS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 17, 2006

Citations

171 F. App'x 628 (9th Cir. 2006)