District court’s order to destroy 34 firearms and for the defendant to collect just compensation from the government arising from his conviction of aiding and abetting the possession of firearms by a felon, is vacated and remanded as, because the government did not commence a timely forfeiture proceeding, defendant’s property interest in the firearms continues even though his possessory interest has been curtailed, and as such, if the government does not want to sell the firearms for his account, then it must offer defendant some other lawful option, such as having a trustee sell or hold the guns, or giving them to someone who can be relied on to treat them as his own.
Read US v. Miller, No. 09-2256
Appellate Information
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division
Decided November 19, 2009
Judges
Before: Easterbrook, Chief Judge, and Kanne and Tinder, Circuit Judges
Opinion by Easterbrook, Chief Judge
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