United States v. Gregory Berry

FILED NOT FOR PUBLICATION DEC 09 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-50310 Plaintiff - Appellee, D.C. No. 2:09-cr-00831-DSF v. MEMORANDUM* GREGORY MACDONALD BERRY, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Gregory MacDonald Berry appeals pro se from the district court’s order denying his motion for return of property. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). In 2010, the government offered to release Berry’s property to someone designated by Berry or to package the items and ship them at Berry’s expense. Berry has cited no authority to support his claim that the government must return the property to him at the government’s expense. AFFIRMED. 2 12-50310