Unreported / Non-Citable
Background
Anson Chi pleaded guilty to possession of an unregistered firearm and malicious use of explosive materials. He received a total sentence of 240 months in prison followed by three years of supervised release.
In July and August 2025, Chi filed motions under Federal Rule of Criminal Procedure 41(g) seeking the return of firearms and ammunition seized by the government. The district court denied the motions because the government had disposed of the property in early 2025, before Chi sought its return.
The Court’s Holding
The Fifth Circuit affirmed. It first concluded that Chi had abandoned any challenge to the district court’s denial by failing to identify an error and adequately brief the issue.
The court also held that the district court did not err because the government no longer possessed the firearms and ammunition. To the extent Chi sought the property’s full monetary value, sovereign immunity barred an award of damages under Rule 41(g). The court further concluded that Chi had not shown a violation of his due process rights.
Key Takeaways
- A Rule 41(g) motion cannot secure the return of property the government no longer possesses.
- Sovereign immunity bars monetary damages under Rule 41(g) for property the government has disposed of.
- An appellant abandons an issue by failing to identify alleged error and brief the issue adequately.
Why It Matters
The decision underscores the limited relief available under Rule 41(g) after the government has disposed of seized property. A claimant cannot use the rule to obtain substitute monetary compensation, and any separate due process challenge must be adequately supported.