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193239P.pdf   09/02/2020  United States  v.  Bryan Howard
   U.S. Court of Appeals Case No:  19-3239
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Kobes, Author, with Gruender and Wollman, Circuit Judges] 
   Criminal Case - Rule 41(g) Return of Property. Following guilty plea to 
   drug distribution charge, Howard sought return of three seized ATVS and 
   video surveillance equipment. The sheriff returned two ATVs to their 
   proper owner and sold the third, and the video surveillance equipment was 
   disposed; the district court denied the motion without an evidentiary 
   hearing. The uncontested record shows the sheriff seized the items 
   unrelated to the federal prosecution and the government did not 
   constructively possess the ATVs. The uncontested evidence showed the video 
   equipment was derivative contraband and thus the district court did not 
   err in denying a hearing on the issue.