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U.S. v. SHIVERS

No. 95-40748.

96 F.3d 120 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Ray SHIVERS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 13, 1996.

Attorney(s) appearing for the Case

Tom N. Kiehnhoff, Office of the United States Attorney, Beaumont, TX, for U.S.

Claude E. Welch, Lufkin, TX, John Wesley Tunnell, Austin, TX, for Defendant-Appellant.

Before KING, JONES and DUHÉ, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Billy Ray Shivers found buried treasure at the site of an abandoned lumber mill company town. Unfortunately for Shivers, the site is located in the Angelina National Forest, and the federal government claimed ownership of and seized from Shivers some 50-70 metal tokens he uncovered with a metal detector. The district court denied his Fed. Rule Crim.Proc. 41(e) motion seeking return of the tokens, as it concluded Shivers did not own them...

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