United States v. Zaleski
2012 U.S. App. LEXIS 14435
| 2d Cir. | 2012Background
- Zaleski, a convicted felon, seeks Rule 41(g) relief to recover non-forfeited firearms and ammunition seized at his arrest.
- The government seized a large stash from Zaleski’s Berlin, CT home and obtained a forfeiture order only for certain items; non-forfeited items remain in government custody.
- Zaleski proposed transferring the items to a third-party custodian (Ron Rando) to sell and provide him the net proceeds.
- The government argued that any transfer would constitute unlawful possession under 18 U.S.C. § 922(g)(1) for a felon.
- The district court denied both Rule 41(g) relief and the alternative appraisal, and the court’s ruling is reviewed on appeal, with emphasis on whether § 922(g)(1) bars the proposed arrangement and whether safeguards could permit it.
- The panel VACATED in part and AFFIRMED in part, remanding for proceedings consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 922(g)(1) bars a felon from profiting from the sale of unforsfeited firearms via a third-party custodian. | Zaleski contends the trustee arrangement avoids possession and is lawful. | Government argues the arrangement would still satisfy constructive possession by the felon. | Not categorically barred; may approve with safeguards. |
| Whether the district court abused its discretion by denying Rule 41(g) relief and ordering safeguards. | Zaleski seeks approval of a sale-and-procurement arrangement with safeguards. | Government contends safeguards are insufficient to avoid § 922(g)(1) issues. | District court may impose safeguards and allow arrangement under proper factual showing. |
| Whether the appellate court should require an appraisal instead of granting the transfer proposal. | Zaleski argued for appraisal as an alternate remedy. | Government contends appraisal relief was improper due to sovereign immunity concerns. | Issue deemed waived; affirmed the district court on appraisal. |
Key Cases Cited
- United States v. Payton, 159 F.3d 49 (2d Cir. 1998) (constructive possession defined; limitations on felon’s power over property)
- United States v. Miller, 588 F.3d 418 (7th Cir. 2009) (felon may recover value of seized items via third-party sale under safeguards)
- United States v. Howell, 425 F.3d 971 (11th Cir. 2005) (several circuits treat custodian arrangements as preventing possession)
- United States v. Felici, 208 F.3d 667 (8th Cir. 2000) (discusses constructive possession and remedies)