Reyes-Espinoza v. United States of America
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,
CIVIL No. 16-CV-01408-KG-LF
CRIMINAL No. 15-CR-01399-KG
OSCAR OMAR REYES-ESPINOZA,
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.
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
Document reference numbers are to the documents in the criminal case, 15-cr-1399 KG-LF,
unless otherwise noted.
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.
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.
United States Magistrate Judge
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