Opinion
No. 15-1954
08-26-2015
United States of America Plaintiff - Appellee v. Jovica Petrovic, also known as Joshua Petrovic Defendant - Appellant
Appeal from United States District Court for the Eastern District of Missouri - St. Louis [Unpublished] Before BENTON, BOWMAN, and KELLY, Circuit Judges. PER CURIAM.
Jovica Petrovic appeals from the summary denial of his motion for return of seized property under Rule 41(g) of the Federal Rules of Criminal Procedure. In his motion, Petrovic stated that various items had been taken from him in 2010 upon the execution of a search warrant.
Upon careful review, we conclude that the summary denial of Petrovic's motion was improper. See Jackson v. United States, 526 F.3d 394, 396-97 (8th Cir. 2008) (discussing proceedings in a Rule 41(g) action). Accordingly, we vacate the denial of relief and remand for further proceedings, which shall include requiring the government to respond to Petrovic's motion.