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U.S. v. FITZEN

No. 95-30178.

80 F.3d 387 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Dwayne Keith FITZEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 5, 1996.

Attorney(s) appearing for the Case

Dwayne Keith Fitzen, pro se, Littleton, Colorado, for defendant-appellant.

Alan G. Burrow, Assistant United States Attorney, Boise, Idaho, for plaintiff-appellee.

Before: FLETCHER, JOHN T. NOONAN, Jr., and RYMER, Circuit Judges.

RYMER, Circuit Judge:

Dwayne Keith Fitzen appeals pro se the district court's partial denial of his Fed. R.Crim.P. 41(e) motion for return of property seized during the investigation by state and federal officials leading to his trial and conviction in federal court of various drug trafficking offenses. The district court refused to order return of the property on the ground that Fitzen's remedy, if any, lay in state court. We have jurisdiction, 28 U.S.C. § 1291...

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