USA v. Dettbarn

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff, Case No. 18-cr-1032-CJW
vs.
REPORT AND RECOMMENDATION
ROBERT DETTBARN,
Defendant.
____________________
I. INTRODUCTION
Before me is Defendant’s Motion for Return of Property Pursuant to Fed. R. Crim.
P. 41(g), filed on February 18, 2022. (Doc. 40.) Unfortunately, this pending motion
was not brought to the Court’s attention until December 22, 2025. The Government filed
a timely resistance on March 30, 2022. (Doc. 45.)
II. FINDINGS OF FACT
On August 21, 2018, a grand jury returned an Indictment against Defendant (Doc.
2) which charges Defendant with one count of Possession of a Firearm by a Felon in
violation of 18 U.S.C. Sections 922(g)(1) and 924(a)(2). There is not a forfeiture
allegation in the Indictment.
On September 27, 2018, pursuant to a plea agreement, Defendant pleaded guilty
Count 1 of the Indictment. (Doc. 22.)
Paragraph 29 of the parties’ plea agreement provides:
Defendant agrees to forfeit and abandon any and all claim to items seized
by law enforcement from defendant at the time of any arrest or search,
including defendant’s arrest and the search of defendant’s person and a
vehicle that defendant occupied on May 22, 2018. Defendant also waives
any right to additional notice of the forfeiture and abandonment of such
property. Defendant stipulates this plea agreement constitutes notice under
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Local Criminal Rule 57.3(c) regarding the disposal of any exhibits or
evidence related to this matter. Defendant understands that, from this date
forward, any local, state, or federal law enforcement agency may take
custody of and use, dispose of, and transfer these items in any way the
agency deems appropriate.
Doc. 23 at 11-12.
Paragraph 30 of the Plea Agreement contains a comprehensive list of the items
Defendant voluntarily forfeited. (Doc. 23 at 12-13.) My Report and Recommendation
was filed that same day. (Doc. 24.) On October 16, 2018, the District Court filed an
Order accepting my Report and Recommendation. (Doc. 28.)
On February 4, 2019, Defendant was sentenced. (Docs. 35, 36.) The Court did
not address forfeiture at sentencing or enter further orders relating to forfeiture of the
Property.
III. THE PARTIES’ ARGUMENTS
A. Defendant’s Motion for Return of Seized Property
Defendant’s Motion for Return of Seized Property asserts the Court has equitable
jurisdiction over Rule 41(g) motions filed after the termination of criminal proceedings.
Defendant’s motion requests the Court order the Government to return Defendant’s
“personal property sized during all stages of his arrest and legal proceedings for which
this case arises.” (Doc. 40 at 1.) Defendant provides a list of the property he wants
returned which includes a wallet, credit/debit cards, two pocketknives, a social security
card, a birth certificate, black Samsung Galaxy S7 cellphone, black cellphone case, and
small drawstring bag with engagement ring inside. Defendant’s motion also states:
the items to be returned to Dettbarn were not subject to civil forfeiture,
because the items were not used in his criminal case, nor were they seized
for being contraband.
Doc. 40 at 3-4.
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B. The Government’s Arguments
The Government agrees with Defendant that Rule 41(g) is the proper remedy;
however, the Government states:
defendant knowingly and willingly forfeited and abandoned the property he
now seeks to have returned. Specifically, pursuant to paragraph 29 of the
plea agreement in this case, defendant forfeited and abandoned all items
seized from him on May 22, 2018. (Docket 23). This includes all items
defendant lists in his motion.
Doc. 45 at 2.
IV. DISCUSSION
The parties agree that Rule 41(g) would be the proper remedy for Defendant to
motion for the return of his property. However, as stated above, Defendant signed a plea
agreement on September 22, 2018 which forfeited and abandoned all claim to items
seized. As quoted above, paragraph 29 of the parties’ plea agreement provides:
Defendant agrees to forfeit and abandon any and all claim to items seized
by law enforcement from defendant at the time of any arrest or search,
including defendant’s arrest and the search of defendant’s person and a
vehicle that defendant occupied on May 22, 2018. Defendant also waives
any right to additional notice of the forfeiture and abandonment of such
property. Defendant stipulates this plea agreement constitutes notice under
Local Criminal Rule 57.3(c) regarding the disposal of any exhibits or
evidence related to this matter. Defendant understands that, from this date
forward, any local, state, or federal law enforcement agency may take
custody of and use, dispose of, and transfer these items in any way the
agency deems appropriate.
Doc. 23 at 11-12. The plea agreement was admitted into evidence at Defendant’s
September 27, 2018 change of plea hearing. At that hearing, per my normal practice, I
established that Defendant had reviewed the agreement in detail with his attorney prior
to signing it and that his signature indicated that he read, understood, and agreed to the
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terms of the plea agreement. Furthermore, his initials by each paragraph (including
paragraphs 29 and 30) indicated his agreement to the terms of each paragraph.
At the time Defendant filed his Motion for Return of Property Pursuant to Fed.
R. Crim. P. 41(g), it had been over three years since Defendant signed the plea
agreement; therefore, I suspect Defendant does not have a copy of his plea agreement
and did not recall the specifics in that agreement.
As stated above, the Court did not address forfeiture at sentencing or enter further
orders relating to forfeiture of the Property.
V. CONCLUSION
I respectfully recommend that Defendant’s Motion for Return of Property Pursuant
to Fed. R. Crim. P. 41(g) (Doc. 40) be denied.
Objections to this Report and Recommendation in accordance with 28 U.S.C.
Section 636(b)(l) and Fed. R. Crim. P. 59(b) must be filed within fourteen (14) days of
the service of a copy of this Report and Recommendation. Objections must specify the
parts of the Report and Recommendation to which objections are made, as well as the
parts of the record forming the basis for the objections. See Fed. R. Crim. P. 59. Failure
to object to the Report and Recommendation waives the right to de novo review by the
district court of any portion of the Report and Recommendation as well as the right to
appeal from the findings of fact contained therein. United States v. Wise, 588 F.3d 531,
537 n.5 (8th Cir. 2009).
DONE AND ENTERED this 30th day of December, 2025.
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