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UNITED STATES v. A RESIDENCE LOC. AT 218 3RD STREET

Nos. 85-3124, 85-3125.

805 F.2d 256 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. A RESIDENCE LOCATED AT 218 THIRD STREET, NEW GLARUS, WISCONSIN, Defendant. Appeal of David R. LEWALLEN. (Two Cases) UNITED STATES of America, Plaintiff-Appellee, v. ONE SAFE DEPOSIT BOX LOCATED AT the BANK OF SHOREWOOD HILLS, 810 Shorewood Blvd., Madison, Wisconsin, Defendant.

United States Court of Appeals, Seventh Circuit.

Decided October 31, 1986.

Attorney(s) appearing for the Case

Morris D. Berman, Giesen & Berman, S.C., Madison, Wis., for Lewallen.

John W. Vaudervil, Asst. U.S. Atty. (John R. Byrnes, U.S. Atty.), Madison, Wis., for plaintiff-appellee.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

CUMMINGS, Circuit Judge.

This appeal comes to us from the district court's denial of a motion by David Lewallen ("movant") to order the government to return certain seized property to him. The movant based his motion on two theories: (1) the search warrants used to seize his property were based on false statements by the affiant in violation of the standard set forth by the Supreme Court in Franks v. Delaware, 438 U.S. 154, 98...

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