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UNITED STATES v. AMORE

No. 14464.

335 F.2d 329 (1964)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph Michael AMORE, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

July 15, 1964.

Attorney(s) appearing for the Case

Edward V. Hanrahan, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., for appellant, Thomas W. James, John Powers Crowley, Asst. U. S. Attys., of counsel.

Anna R. Lavin, John J. Cogan, Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KILEY, Circuit Judges.

KILEY, Circuit Judge.

This appeal by the government raises the question whether the district court, after sentencing defendant upon his plea of guilty to violation of the wagering provisions of the Internal Revenue Code1, had jurisdiction to summarily order return to defendant of $1,605.39 seized, by Treasury agents, when they arrested him. We think the court had no jurisdiction to enter the order.

The day following defendant's...

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