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UNITED STATES v. BURTON

No. 98-2925.

167 F.3d 410 (1999)

UNITED STATES of America, Appellee, v. Darryl BURTON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 21, 1999.

Attorney(s) appearing for the Case

Darryl Burton, pro-se.

Richard Newberry, Asst. U.S. Atty., Minneapolis, MN, for Appellee.

Before McMILLIAN, RICHARD S. ARNOLD, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

McMILLIAN, Circuit Judge.

Darryl Burton appeals from the final judgment entered in the District Court for the District of Minnesota denying his Fed. R.Crim.P. 41(e) motion for the return of property. For the reasons discussed below, we reverse and remand.

Burton was arrested in connection with a drug transaction, pleaded guilty, and was sentenced. Burton subsequently moved for the return of $22,072 that Minneapolis Police Department (MPD) officers had taken...

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