Wednesday, August 29, 2018

United States v. Bacon, 2018 W: 2978137 (10th Cir. August 21, 2018) (UT): In federal court, Bacon pleaded guilty to bank robbery and was sentenced. Afterwards, he filed Fed.R.Crim.P. 41(g) motion to get back property that state officials seized when he was first arrested. This rule provides an “equitable remedy” and the person must show “irreparable harm and an inadequate remedy at law” to succeed. Here, because Bacon had adequate remedies under state law to get his property back (or to seek compensation) and since there was no proof the state ever turned his property over to federal authorities, the district court correctly denied Bacon’s motion.