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UNITED STATES v. GIACALONE

No. 75-2121.

541 F.2d 508 (1976)

UNITED STATES of America, Appellant, Plaintiff-Appellant, v. Joseph GIACALONE and One 1975 Mercury Four-Door Automobile, Maroon In Color, Bearing License Plate Number TMS 416, Appellee, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 18, 1976.

Attorney(s) appearing for the Case

Frederick S. Van Tiem, U. S. Atty., Robert C. Ozer, C. Stanley Hunterton, Detroit Strike Force, Detroit, Mich., for the U. S.

N. C. DeDay LaRene, Detroit, Mich., for Giacalone.

Before PHILLIPS, Chief Judge, and WEICK, EDWARDS, CELEBREZZE, PECK, McCREE, LIVELY and ENGEL, Circuit Judges, sitting en banc.

WEICK, Circuit Judge.

The Government has appealed from an order of the United States District Court for the Eastern District of Michigan granting a motion for return of seized property under Fed.R.Crim.P. 41(e). The seized property consisted of an automobile and its contents belonging to Joseph Giacalone. The automobile and contents were seized by the FBI pursuant to a search warrant issued by a United States Magistrate. The District Court held that the affidavit...

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