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PENA v. U.S.

No. 96-50644.

157 F.3d 984 (1998)

Samuel Fiacro PEÑA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 7, 1998.

Attorney(s) appearing for the Case

Samuel Fiacro Peña, El Paso, TX, pro se.

Joseph H. Gay, Jr., U.S. Atty., Walter David Counts, III, San Antonio, TX, for Defendant-Appellee.

Before JOLLY, BARKSDALE and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Samuel Peña, a prisoner, filed a motion on March 25, 1996, under Federal Rule of Criminal Procedure 41(e)1 seeking the return of certain property that the United States seized from his home. On August 6, 1996, the United States responded to the motion by stating that the property seized from Peña's home had been destroyed. Two days later, the United States District Court for the Western District of Texas...

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