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U.S. v. ELIAS

No. 89-16707.

921 F.2d 870 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Edward ELIAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1990.

Attorney(s) appearing for the Case

Thomas E. Higgins, Jr., Tucson, Ariz., for defendant-appellant.

John S. Leonardo, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before WALLACE, ALARCON and WIGGINS, Circuit Judges.

ALARCON, Circuit Judge:

Dennis Edward Elias appeals from the dismissal of his motion, filed pursuant to Federal Rule of Criminal Procedure 41(e),1 for the return of $14,830 and a Chevrolet IROC automobile. The Drug Enforcement Agency (DEA) had seized the property as an incident to Elias' arrest in a private residence.

The district court denied the motion for the return of property based...

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