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U.S. v. GIOVANELLI

No. 1320, Docket 92-1737.

998 F.2d 116 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Federico GIOVANELLI a/k/a Fritzy, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 6, 1993.

Attorney(s) appearing for the Case

Tai H. Park, Asst. U.S. Atty., S.D.N.Y. (Roger S. Hayes, U.S. Atty. and Gabriel W. Gorenstein, Asst. U.S. Atty., on the brief), for plaintiff-appellee.

Vivian Shevitz, New York City (Lawrence Hochheiser and Georgia J. Hinde, on the brief), for defendant-appellant.

Before: PRATT and JACOBS, Circuit Judges, and KNAPP, Senior District Judge.

WHITMAN KNAPP, Senior District Judge:

Federico Giovanelli appeals from the denial of his motion pursuant to Fed.R.Crim.P. 41(e)1 for the return of $471,600 seized from safe deposit boxes by federal agents. We reverse and remand to the District Court with instructions to grant the motion.

BACKGROUND

On December 9, 1986 Special Agents from the Federal Bureau of Investigation acting pursuant to lawful search warrants seized...

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