IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10518
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CURTIS MITCHELL O’BRIEN,
a/k/a Rudolph P. (Peter) Heim,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:89-CR-009-1
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August 18, 1998
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Curtis Mitchell O'Brien, federal prisoner # 17872-077, appeals
the district court’s denial of his Fed. R. Crim. P. 41(e) motion
for return of property. O’Brien seeks the return of his aircraft
seized on April 5, 1989. The district court denied his Rule 41(e)
motion without a response from the Government and without giving
any reasons for the denial. O’Brien argues on appeal that the
district court erred in denying his motion without a response by
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-10518
-2-
the Government and without giving reasons. He contends that he has
shown that his right to due process was violated by no notice or
hearing of forfeiture.
The allegations in O’Brien’s motion are specific and warranted
a response by the Government. The record contains no information
to support the district court’s summary denial of the motion
without reasons. The district court’s denial of the motion without
a response and without reasons leaves this court with no
opportunity for review. The district court abused its discretion.
United States v. Dean, 100 F.3d 19, 21 (5th Cir. 1996). See United
States v. McCormick, 54 F.3d 214, 220 n.7 (5th Cir. 1994)
(entreating “the district courts of this circuit to discharge their
obligation to make appropriate findings on the record whenever such
findings are called for”). The district court’s judgment is
VACATED, and this case is REMANDED to the district court for
further proceedings.
VACATED AND REMANDED.