UNITED STATES of America, Plaintiff-Appellee, v. Patrick EDWARDS, Defendant-Appellant, 185 F. App'x 231

ON REHEARING PER CURIAM: Patrick Edwards appeals the district court’s order denying his motion for return of administratively forfeited property. The district court determined that the notice provided by the Government was constitutionally adequate. We disagree.

No attempt was apparently made to serve Edwards with notice of the forfeiture proceeding either in person or at the location at which he was then-incarcerated by federal authorities, despite the facts that (1) he made an initial court appearance in the Alexandria Division of the Eastern District of Virginia, the district and division in which the forfeiture proceeding was initiated, on the very day notice of the forfeiture proceeding was sent to the Wayne County Jail in Detroit, an attorney’s address in Detroit, and a residential address in Chicago; (2) he made a second court appearance in the Alexandria Division of the Eastern District of Virginia the very day notice of the forfeiture proceeding was published in The Wall Street Journal; and (3) he remained in federal custody during the entire period in which the administrative forfeiture action remained pending.

Under these circumstances, we conclude that notice was not reasonably calculated to apprise Edwards of the pendency of the action of forfeiture. See United States v. Minor, 228 F.3d 352 (4th Cir.2000). Accordingly, we vacate the judgment of the district court and remand for further proceedings. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. VACATED AND REMANDED