102203P.pdf   03/30/2011  United States  v.  David Gregoire
   U.S. Court of Appeals Case No:  10-2203
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Loken, Author, with Arnold and Bye, Circuit Judges]
   Criminal Case - conviction and sentence. Presence of third-party during
   the search for purposes of identifying stolen property not named in warrant 
   did not violate Fourth Amendment. Items seized not named in warrant were 
   in plain view. Warrantless search of laptop seized one year ago was not 
   unreasonable. Evidence was sufficient to support verdict of guilt of 
   interstate transportation of stolen property and mail fraud. Denial of 
   claim of right jury instruction was not an abuse of discretion and any 
   error was harmless. District court did not commit procedural error
   in determining amount of loss. Forfeiture of proceeds from eBay sales of
   stolen property during period alleged in the indictment is affirmed. 
   Forfeiture judgment for value of property seized during warrant searches 
   is not authorized by statute or the indictment and must be reversed. 
   Restitution judgment is affirmed in part, but alleged retail values of items
   seized during warrant search were awarded without a finding by the district 
   court of disputed material fact and because items still in possession of 
   the government subject to be returned. Case is remanded for further
   proceedings and an accounting of property.