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U.S. v. GARCIA

No. 94-6673.

65 F.3d 17 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel GARCIA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 11, 1995.

Attorney(s) appearing for the Case

ARGUED: Kimberly A. Clark, Third Year Law Student, Charlottesville, VA, for appellant. Fenita Talore Morris, Assistant United States Attorney, Raleigh, NC, for appellee. ON BRIEF: Neal L. Walters, Gilliam, Scott & Kroner, P.C., Charlottesville, VA, for appellant. Janice McKenzie Cole, United States Attorney, Raleigh, NC, for appellee.

Before HALL and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Judge HALL wrote the opinion, in which Senior Judge BUTZNER joined. Judge MURNAGHAN wrote a separate opinion, concurring in part and dissenting in part.

OPINION

K.K. HALL, Circuit Judge:

Daniel Garcia appeals an order striking his response to the government's motion to dismiss because it was untimely. He also asserts that he has appealed an order dismissing his motion for return of property seized from him during a...

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