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CLYMORE v. U.S.

No. 97-2319.

164 F.3d 569 (1999)

Craig CLYMORE, also known as James Burchell, also known as Steve Brown, also known as Kevin Riley, also known as Wayne Samuel Powell, also known as Cliff G. Wilson, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 6, 1999.

Attorney(s) appearing for the Case

Craig Clymore, Plaintiff-Appellant, pro se.

John J. Kelly, United States Attorney, and Stephen R. Kotz, Assistant U.S. Attorney, Albuquerque, NM, for Defendant-Appellee.

Before BALDOCK, EBEL, and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff appellant, Craig Clymore, pled guilty to conspiracy to knowingly and intentionally possess with intent to distribute more than 100 kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B) and 18 U.S.C. § 2. Sometime after his incarceration, Clymore, proceeding pro se, filed a motion for return of property pursuant to Fed.R.Crim.P. 41(e) seeking the return of nine items of property forfeited in various...

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