In re sealed case
Petition dismissed under Rule 46 on March 12, 2014
Issue: Whether a motion for return of property pursuant
to Federal Rule of Criminal Procedure 41(g) is "solely
for return of property," underDiBella v. United States, such that a denial of that
motion would be final and immediately appealable
where the motion seeks return of property and does not also seek suppression of evidence at a subsequent hearing or trial; and (2) Whether the Perlman doctrine, which provides
for interlocutory appeals of non-final decisions applies to
motions for return of property filed under Federal Rule
of Criminal Procedure 41(g).
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jul 17 2013 | Application (13A81) to extend the time to file a petition for a writ of certiorari from July 29, 2013 to August 28, 2013, and for leave to file the application under seal with redacted copies for the public record, submitted to The Chief Justice. |
| Jul 18 2013 | Application (13A81) granted by The Chief Justice extending the time to file until August 28, 2013. The application for leave to file the application under seal with redacted copies for the public record is granted. |
| Aug 15 2013 | Application (13A81) to extend further the time to file a petition for a writ of certiorari from August 28, 2013 to September 27, 2013, and for leave to file the application under seal with redacted copies for the public record, submitted to The Chief Justice. |
| Aug 16 2013 | Application (13A81) granted by The Chief Justice extending the time to file until September 27, 2013. The application for leave to file the application under seal with redacted copies for the public record is granted. |
| Sep 26 2013 | Motion (13M41) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed. |
| Sep 26 2013 | Petition for a writ of certiorari filed. (Response due November 20, 2013) |
| Oct 2 2013 | MOTION (13M41) DISTRIBUTED for Conference of October 18, 2013. |
| Oct 21 2013 | Motion (13M41) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted. |
| Nov 13 2013 | Order extending time to file response to petition to and including December 20, 2013. |
| Dec 17 2013 | Order further extending time to file response to petition to and including January 21, 2014. |
| Jan 17 2014 | Order further extending time to file response to petition to and including February 20, 2014. |
| Feb 20 2014 | Brief of respondent United States in opposition filed. |
| Mar 12 2014 | DISTRIBUTED for Conference of March 28, 2014. |
| Mar 12 2014 | Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 received. |
| Mar 12 2014 | Petition Dismissed - Rule 46. |
