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14-1747•United States of America v. Jovica Petrovic, also known as Joshua Petrovic
14-1747Court of Appeals for the Eighth CircuitAug 31, 2015
United States Court of Appeals
For the Eighth Circuit
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No. 15-1954
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jovica Petrovic, also known as Joshua Petrovic
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: August 17, 2015
Filed: August 26, 2015
[Unpublished]
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Before BENTON, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Jovica Petrovic appeals from the summary denial of his motion for return of
seized property under Rule 41(g) of the Federal Rules of Criminal Procedure. In his
motion, Petrovic stated that various items had been taken from him in 2010 upon the
execution of a search warrant.
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Upon careful review, we conclude that the summary denial of Petrovic’s
motion was improper. See Jackson v. United States, 526 F.3d 394, 396–97 (8th Cir.
2008) (discussing proceedings in a Rule 41(g) action). Accordingly, we vacate the
denial of relief and remand for further proceedings, which shall include requiring the
government to respond to Petrovic’s motion.
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