Reyes-Espinoza v. United States of America

Filing 22

ORDER by Magistrate Judge Laura Fashing denying as moot 2 Motion for Return of Property. (ccp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA,
Plaintiff-Respondent,
vs.

CIVIL No. 16-CV-01408-KG-LF
CRIMINAL No. 15-CR-01399-KG

OSCAR OMAR REYES-ESPINOZA,
Defendant- Movant.

ORDER DENYING MOTION FOR RETURN OF PROPERTY
THIS MATTER comes before the Court on Reyes-Espinoza’s Motion for Return of
Property, filed on December 27, 2016, which he filed before he had an attorney. Doc. 36. 1 In
the motion, Reyes-Espinoza asks the Court to order the government to return property seized at
the time of his arrest. 2 Id. On July 27, 2017, the Court ordered an attorney be appointed for
Reyes-Espinoza. Doc. 45. At a status conference held on August 15, 2017, the Court asked
Reyes-Espinoza’s attorney to file a status report concerning Reyes-Espinoza’s property. Doc.
49.
On September 22, 2017, Reyes-Espinoza’s attorney filed a status report. Doc. 21. 3 The
status report advised the Court that Reyes-Espinoza’s property is in the possession of ReyesEspinoza’s second attorney, Pedro Pineda. Doc. 21 at 1. Mr. Pineda will deliver the property to
1

Document reference numbers are to the documents in the criminal case, 15-cr-1399 KG-LF,
unless otherwise noted.

2

Reyes-Espinoza claims the government seized the following property: (1) wallet, (2) credit
cards, (3) cell phone, (4) U.S.B. memory flash drive, (5) rings, (6) Mexican currency, and (7)
Mexican identification cards. Doc. 36.
3

The status report was only filed in Reyes-Espinoza’s civil case, 16-cv-1408 KG-LF. Counsel is
reminded that all documents should be filed in both the civil and the criminal case.

Reyes-Espinoza’s current attorney, Mary Stillinger, who will contact Reyes-Espinoza to seek
instructions about the disposition of the property. Doc. 54 at 2. Because, Reyes-Espinoza’s
property has been located, and it is not in possession of the government, the Court cannot order
the relief Mr. Reyes-Espinoza requests.
IT IS THEREFORE ORDERED that Reyes-Espinoza’s Motion for Return of Property
(Doc. 36) is DENIED as moot.

________________________
Laura Fashing
United States Magistrate Judge

2