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U.S. v. FABELA-GARCIA

No. 88-CR-71 J.

753 F.Supp. 326 (1989)

UNITED STATES of America, Plaintiff, v. Juan FABELA-GARCIA, Defendant.

United States District Court, D. Utah, C.D.

May 10, 1989.

Attorney(s) appearing for the Case

Richard McKelvie, Stewart C. Walz, Asst. U.S. Attys., Salt Lake City, Utah, for plaintiff.

James Esparza, Murray, Utah, for defendant.

MEMORANDUM OPINION AND ORDER

JENKINS, Chief Judge.

The matter before the court concerns a rather novel jurisdictional question raised by the United States in answer to the defendant's motion, filed pursuant to Fed.R. Crim.P. 41(e), for the return to him of property unlawfully seized by a state officer in connection with what ultimately became a federal prosecution. The facts are summarized as follows1:

On April 27, 1988...

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