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GOTTONE v. UNITED STATES

No. 7955.

345 F.2d 165 (1965)

Thomas GOTTONE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

May 10, 1965.

Attorney(s) appearing for the Case

Stanley L. Drexler, Denver, Colo. (Lawrence G. Empey, Denver, Colo., was with him on the brief), for appellant.

David I. Shedroff, Asst. U. S. Atty. (Lawrence M. Henry, U. S. Atty., was with him on the brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS and SETH, Circuit Judges.

LEWIS, Circuit Judge.

This is an independent proceeding filed by motion under Rule 41(e), Fed.R.Crim.P., wherein the apepllant-movant sought to suppress and have returned to him certain papers and materials taken from his person, automobile and home by agents of the United States. Appellant is not under arrest nor is an information or indictment outstanding against him. Since the motion is not made in nor dependent upon a case in esse, the District Court's...

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