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U.S. v. RITCHIE

No. 01-35989.

342 F.3d 903 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Lawrence Ritchie, Defendant, Heather Horner, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2003.

Attorney(s) appearing for the Case

Crandon Randell, James Barkeley, Office of the United States Attorney, Anchorage, Alaska, for the plaintiff-appellee.

Jeffrey Commisso, Luce Forward Hamilton and Scripps, San Diego, California, Heather Horner, pro se for the claimant-appellant.

Before: Michael Daly Hawkins, William A. Fletcher, Circuit Judges, and Charles R. Breyer, District Judge.

Argued and Submitted May 12, 2003 — San Francisco, California.

OPINION

W. FLETCHER, Circuit Judge:

After the conclusion of criminal proceedings, appellant Heather Horner sought the return of seized personal property pursuant to Federal Rule of Criminal Procedure 41(e). The district court denied relief, and we reverse. We hold that Horner's Rule 41(e) motion should have been treated as a complaint filed under the Federal Rules of Civil Procedure...

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