United States v. Robert Nelson Howell, 354 F.3d 693 (7th Cir. 2004). · Go Syfert
United States v. Robert Nelson Howell, 354 F.3d 693 (7th Cir. 2004). Cases Citing This Book View Copy Cite
48 citation events (47 in the last 25 years) across 10 distinct courts.
Strongest positive: United States of America v. Marco Sole (innd, 2026-01-07)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (rule) United States of America v. Marco Sole
N.D. Ind. · 2026 · confidence medium
The Seventh Circuit Court of Appeals has explained that “a motion under Rule 41(g) for the return of property obtained in a search . . . [is] a civil proceeding subject to” “the payment of a filing fee, and, since he is a prisoner, the limitations on prisoner civil rights suits imposed by the Prison Litigation Reform Act, 28 U.S.C. § 1915 .” United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004); see also Abu-Shawish v. United States, 888 F.3d 726 , 736 (7th Cir. 2018) (explaining that “a motion under Federal Rule of Civil Procedure 41(g) for return of seized 1 The Court ordered…
discussed Cited as authority (rule) Turner v. United States
N.D. Ind. · 2024 · confidence medium
The Seventh Circuit Court of Appeals has explained that “a motion under Rule 41(g) for the return of property obtained in a search . . . [is] a civil proceeding subject to” “the payment of a filing fee, and, since he is a prisoner, the limitations on prisoner civil rights suits imposed by the Prison Litigation Reform Act, 28 U.S.C. § 1915 .” United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004); see also United States v. Taylor, 975 F.2d 402, 403 (7th Cir. 1992) (explaining that orders resolving motions under Rule 41(g) are treated as civil for purposes of appeal).
cited Cited as authority (rule) Jacklin v. United States
S.D. Ill. · 2020 · confidence medium
See United States v. Norwood, 602 F.3d 830, 832 (7th Cir. 2010); United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004).
discussed Cited as authority (rule) Mhammad Abu-Shawish v. United States
7th Cir. · 2018 · signal: cf. · confidence medium
Cf., e.g., United States v. Shaaban, 602 F.3d 877, 879 (7th Cir. 2010) (per curiam) (noting that prisoner “could be ordered to pay the civil fees and would be subject to the Prison Litigation Reform Act [for Rule 41(g) motion] without making him jump through the hoop of filing another case”), citing United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004) (noting that Rule 41(g) motions are subject to “the usual pro- cedural requirements for maintaining a federal civil suit, such as the payment of a filing fee”).
discussed Cited as authority (rule) Mhammad Abu-Shawish v. United States
7th Cir. · 2018 · signal: cf. · confidence medium
Cf., e.g., United States v. Shaaban, 602 F.3d 877, 879 (7th Cir. 2010) (per curiam) (noting that prisoner “could be ordered to pay the civil fees and would be subject to the Prison Litigation Reform Act [for Rule 41(g) motion] without making him jump through the hoop of filing another case”), citing United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004) (noting that Rule 41(g) motions are subject to “the usual pro- cedural requirements for maintaining a federal civil suit, such as the payment of a filing fee”).
discussed Cited as authority (rule) United States v. Nichols
7th Cir. · 2014 · confidence medium
But a challenge to an administrative forfeiture is civil in nature, see United States v. Howell, 354 F.3d 693, 695-96 (7th Cir.2004), and should be con strued as initiating a civil proceeding, see Chairez v. United States, 355 F.3d 1099, 1100 (7th Cir.2004); United States v. Duke, 229 F.3d 627, 629 (7th Cir.2000); Taylor v. United States, 483 F.3d 385, 387 (5th Cir.2007).
cited Cited as authority (rule) United States v. Cubie
7th Cir. · 2013 · confidence medium
See United States v. Sims, 376 F.3d 705, 707-08 (7th Cir.2004); United States v. Howell, 354 F.3d 693, 695-96 (7th Cir.2004).
cited Cited as authority (rule) United States v. All Funds on Deposit With R.J. O'brien & Associates
N.D. Ill. · 2013 · confidence medium
These similar doctrines hold that “the first court to obtain in rem jurisdiction has exclusive jurisdiction of the res.” United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004).
discussed Cited as authority (rule) United States v. All Funds on Deposit with O'Brien & Associates
N.D. Ill. · 2012 · confidence medium
These similar doctrines hold that “the first court to obtain in rem jurisdiction has exclusive jurisdiction of the res.” United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004); see United States v. $79,123.49 in United States Cash & Currency, 830 F.2d 94, 97 (7th Cir.1987) (discussing prior exclusive jurisdiction); De Korwin v. First Nat’l Bank, 267 F.2d 337 , 339 (7th Cir.1959) (discussing in custodia legis).
cited Cited as authority (rule) United States v. Montez Fuller
7th Cir. · 2011 · confidence medium
Stevens, 500 F.3d at 629 ; United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004).
cited Cited as authority (rule) United States v. Fuller
7th Cir. · 2011 · confidence medium
Stevens, 500 F.3d at 629 ; United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004).
discussed Cited as authority (rule) United States v. Shaaban Hafiz Ahmad AliShaaban (2×) also: Cited "see"
7th Cir. · 2010 · confidence medium
We have held that, once a defendant has 4 Nos. 08-4124, 08-4278, 09-1206, 09-1330, et al. been convicted, a motion under Rule 41(g) is deemed to initiate a civil equitable proceeding, see United States v. Norwood, No. 09-2507, 2010 WL 1541268, at *1 (7th Cir. Apr. 20, 2010); United States v. White, 582 F.3d 787 , 806 n.3 (7th Cir. 2009), cert. denied, 78 U.S.L.W. 3481 (U.S. Feb. 22, 2010) (No. 09-8319); Chairez v. United States, 355 F.3d 1099, 1100 (7th Cir. 2004); United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004), so in effect the district court ordered Shaaban to do a second time wh…
discussed Cited as authority (rule) United States v. Shaaban (2×) also: Cited "see"
7th Cir. · 2010 · confidence medium
We have held that, once a defendant has been convicted, a motion under Rule 41(g) is deemed to initiate a civil equitable proceeding, see United States v. Norwood, No. 09-2507, 602 F.3d 830, 832 , 2010 WL 1541268, at *1 (7th Cir. Apr. 20, 2010); United States v. White, 582 F.3d 787 , 806 n. 3 (7th Cir.2009), cert. denied, — U.S. -, 130 S.Ct. 1542 , 176 L.Ed.2d 136 (2010); Chairez v. United States, 355 F.3d 1099, 1100 (7th Cir.2004); United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004), so in effect the district court ordered Shaaban to do a second time what he already had done once.
cited Cited as authority (rule) United States v. Beverly
4th Cir. · 2010 · confidence medium
See United States v. Garcia, 65 F.3d 17 , 18 n. 2 (4th Cir.1995); United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004).
cited Cited as authority (rule) United States v. Melvin Herbert
7th Cir. · 2009 · confidence medium
United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004).
cited Cited as authority (rule) United States v. White
7th Cir. · 2009 · confidence medium
United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004).
discussed Cited as authority (rule) Suggs, Seantai v. United States
7th Cir. · 2007 · confidence medium
The district court informed Suggs that his motion must be refiled as a civil action, see United States v. Howell, 354 F.3d 693, 695-96 (7th Cir.2004), and warned him that doing so would put him at risk of incurring a strike under 28 U.S.C. § 1915 (g).
cited Cited as authority (rule) Turner, James E. v. Gonzales, Alberto
7th Cir. · 2007 · confidence medium
Sims, 376 F.3d at 708 ; United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004).
discussed Cited as authority (rule) Mohammad, Najah v. United States
7th Cir. · 2006 · confidence medium
See Lobzun, 422 F.3d at 507 ; Chairez v. United States, 355 F.3d 1099, 1101 (7th Cir.2004); United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004); Krecioch v. United States, 221 F.3d 976 , 980 (7th Cir.2000).
discussed Cited as authority (rule) United States v. Sims, Rufus
7th Cir. · 2004 · confidence medium
E.g., United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004) (“even if his motion had been a motion under Rule 41(g) for the return of property obtained in a search, rather than an attempt to challenge an administrative forfeiture, the proceeding would have been a civil proceeding subject to the requirements that we have noted [payment of filing fee, PLRA restrictions]”); United States v. Taylor, 975 F.2d 402, 403 (7th Cir. 1992) (orders resolving motions under Rule 41(g) are treated as civil for purposes of appeal).
discussed Cited as authority (rule) United States v. Rufus Sims
7th Cir. · 2004 · confidence medium
E.g., United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004) (“even if his motion had been a motion under Rule 41(g) for the return of property obtained in a search, rather than an attempt to challenge an administrative forfeiture, the proceeding would have been a civil proceeding subject to the requirements that we have noted [payment of filing fee, PLRA restrictions]”); United States v. Taylor, 975 F.2d 402, 403 (7th Cir.1992) (orders resolving motions under Rule 41(g) are treated as civil for purposes of appeal).
discussed Cited as authority (rule) United States v. Pinson (2×) also: Cited "see"
7th Cir. · 2004 · confidence medium
Post-conviction Rule 41(g) motions are treated as civil equitable proceedings, see United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004), and reviewed deferentially for abuse of discretion, see United States v. Hardman, 297 F.3d 1116, 1120 (10th Cir.2002).
discussed Cited as authority (rule) Cir.2004); United States v. Hall, 269 F.3d *833 940, 943 (8th Cir.2001). The rule doesn’t mention mone
unknown court · confidence medium
He would have to pay a filing fee in order to convert the motion into a proper civil suit, United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004) and if he wanted to make a Bivens claim he would have to join the officers in their individual capacities as defendants and serve them.
discussed Cited "see" Kee v. United States
S.D.N.Y. · 2020 · signal: see · confidence high
See United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004); United States v. Jones, 215 F.3d 467, 469 (4th Cir. 2000); United States v. Rodgers, 108 F.3d 1247 , 1249 n.1 (10th Cir. 1997); Pena v. United States, 122 F.3d 3, 4-5 (5th Cir. 1997). 6 the prisoner’s conviction do not count under three-strikes provision of PLRA).
cited Cited "see" United States v. Jelani Solomon
3rd Cir. · 2013 · signal: see · confidence high
See generally United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004) (administrative forfeiture bypasses judicial system). 3 .
cited Cited "see" United States v. Christy
D.N.M. · 2012 · signal: see · confidence high
See United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004); Moran v. Sondalle, 218 F.3d 647, 649 (7th Cir. 2000) (per curiam).
discussed Cited "see" United States v. Stevens, Lawrence (2×)
7th Cir. · 2007 · signal: see · confidence high
See United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004) (comparing a civil action to recover property taken without due process of law with a Rule 41(g) motion for the return of property).
discussed Cited "see" United States v. Stevens (2×)
7th Cir. · 2007 · signal: see · confidence high
See United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004); see also United States v. Jones, 215 F.3d 467, 469 (4th Cir.2000) (per curiam).
examined Cited "see" Howell, Robert N. v. Bezy, Mark A. (3×) also: Cited "see, e.g."
7th Cir. · 2006 · signal: see · confidence high
See United States v. Howell, 354 F.3d 693, 694 (7th Cir.2004).
cited Cited "see" United States v. One Oil Painting Entitled \Femme en Blanc\" by Picasso"
C.D. Cal. · 2005 · signal: see · confidence high
See United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004).
cited Cited "see" United States v. Michael C. Antonelli
7th Cir. · 2004 · signal: see · confidence high
See United States v. Howell, 354 F.3d 693, 695 (7th Cir.2004); Moran v. Sondalle, 218 F.3d 647, 649 (7th Cir.2000) (per curiam).
cited Cited "see" United States v. Antonelli, Michael
7th Cir. · 2004 · signal: see · confidence high
See United States v. Howell, 354 F.3d 693, 695 (7th Cir. 2004); Moran v. Sondale, 218 F.3d 647 , 649 (7th Cir. 2000) (per curiam).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Robert Nelson HOWELL, Defendant-Appellant
03-1688.
Court of Appeals for the Seventh Circuit.
Feb 19, 2004.
354 F.3d 693
Michael Thompson (submitted), Office of the United States Attorney, Fairview Heights, IL, for Plaintiff-Appellee., Robert N. Howell, Jr., pro se, Oxford, WI, for Defendant-Appellant.
Posner, Rovner, Evans.
Cited by 34 opinions  |  Published
POSNER, Circuit Judge.

Two years after being sentenced to prison, and to forfeit $7 million, as punishment for a federal drug offense, Robert Howell filed under the same case number of his criminal case and in the same court (the U.S. District Court for the Southern District of Illinois) a petition for the return of his BMW, which the Drug Enforcement Authority had seized in the Northern District of Illinois before he was convicted in the Southern District and had administratively forfeited (that is, had declared forfeited to the government without a judicial forfeiture ruling). Howell claimed in his petition that the DEA hadn’t adequately notified him of its intent to seize and forfeit his car. The district judge denied the petition for lack of subject-matter jurisdiction because the judge thought Howell had filed his petition in the wrong district, but went on to remark that the DEA had given Howell adequate notice.

[*695] If as Howell claims the government deprived him of his property without adequate notice and therefore without due process of law, he can seek its return by means of a civil action based on the federal-question jurisdiction of the federal courts, 28 U.S.C. § 1331. Krecioch v. United States, 221 F.3d 976, 980 (7th Cir.2000); United States v. Duke, 229 F.3d 627, 629 (7th Cir.2000); Mantilla v. United States, 302 F.3d 182, 184 (3d Cir.2002); United States v. Minor, 228 F.3d 352, 357 (4th Cir.2000); United States v. Rodgers, 108 F.3d 1247, 1250 (10th Cir.1997). (Of course, the property may be promptly retaken, as he hasn’t paid his $7 million forfeiture in full, but that is not an issue in this appeal.) The government argues, however, that the federal district court in the Southern District of Illinois has no jurisdiction over Howell’s claim because the BMW was never in the Southern District.

The government would be correct had the car been seized in the Northern District pursuant to an order issued in an in rem proceeding, United States v. $506,231 in U.S. Currency, 125 F.3d 442, 447 (7th Cir.1997); United States v. Tit’s Cocktail Lounge, 873 F.2d 141, 143 (7th Cir.1989) (per curiam), because then the district court in the Northern District would have obtained jurisdiction over the car, and, as we had occasion to remark recently, the first court to obtain in rem jurisdiction has exclusive jurisdiction of the res. GP Credit Co. v. Orlando Residence, Ltd., 349 F.3d 976, 981 (7th Cir.2003). But the car was not seized as an exercise of in rem jurisdiction. An administrative forfeiture does not confer in rem jurisdiction on any court, because it bypasses the judicial system. United States v. One 1979 Chevrolet C-20 Van, 924 F.2d 120, 123 (7th Cir.1991); see also Linarez v. United States Dept. of Justice, 2 F.3d 208, 211-12 (7th Cir.1993). Now maybe the Southern District is the wrong venue in which to complain about an act that occurred in another district, but objections to venue are waivable and here waived. The district judge erred in holding that there was no subject-matter jurisdiction in his district.

The judge failed to note Howell’s apparent failure to comply with the usual procedural requirements for maintaining a federal civil suit, such as the payment of a filing fee, and, since he is a prisoner, the limitations on prisoner civil rights suits imposed by the Prison Litigation Reform Act, 28 U.S.C. § 1915. The judge treated Howell’s challenge to the administrative forfeiture as if it were a phase of the criminal proceeding against Howell. Yet even if his motion had been a motion under Rule 41(g) for the return of property obtained in a search, rather than an attempt to challenge an administrative forfeiture, the proceeding would have been a civil proceeding subject to the requirements that we have noted, and perhaps to others peculiar to challenges to federal administrative forfeitures. Peña v. United States, 122 F.3d 3 (5th Cir.1997). It is true that we have permitted Rule 41(g) motions to be filed in the criminal proceeding to which the property sought to be returned relates, Okoro v. Callaghan, 324 F.3d 488, 490 (7th Cir.2003); United States v. Taylor, 975 F.2d 402 (7th Cir.1992), but that permission is a natural implication of the fact that Rule 41(g) is a rule of criminal rather than civil procedure, and, as the Peña decision holds, does not make the proceeding touched off by the motion a criminal proceeding and excuse the moving party from having to comply with the rules applicable to civil proceedings. The civil nature of the present case is even clearer, since it is a challenge to an administrative forfeiture. Though it seeks relief similar[*696] to that of a Rule 41(g) motion — namely the return of property — it is not founded on that rule.

Assuming without deciding that Howell either has or will satisfy the procedural requirements applicable to this suit, we shall try to abbreviate the further proceedings by indicating our disagreement with the district court’s view of the merits. The DEA mailed a notice of its intent to seize the BMW to two different addresses, one in Markham, Illinois, and the other in Memphis, Tennessee, both letters being returned undelivered by the Postal Service. The Markham address, however, was the address of a house that the DEA had been told was vacant. The agency’s informant gave the DEA another address for Howell, which was also, as the DEA knew, the address on his driver’s license; but for some unexplained reason the agency did not mail the notice to that address. Nor did it explain to the district court why it chose either of the addresses that it did send the notice to. Later, but before declaring the BMW forfeited, the agency learned that Howell had been arrested and was in jail in Minnesota awaiting his trial in the Southern District of Illinois. The agency now knew exactly where Howell was but still it did not notify him of its intent to forfeit his car. Maybe there are additional facts of which we are unaware that cast the issue of notice in a different light, but the adequacy of the notice cannot be sustained on this record.

The judgment is vacated and the case remanded for further proceedings consistent with this opinion.

Vacated And Remanded.