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U.S. v. RODRIGUEZ AGUIRRE

No. 00-2337.

264 F.3d 1195 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel RODRIGUEZ-AGUIRRE, also known as Cuco Aguirre, also known as George Aguirre, also known as Gabriel Aguirre, also known as Gabriel Rodriguez, also known as Refugio Rodriguez; Eleno Aguirre; Dolores Contreras; Tony Bencomo, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 5, 2001.

Attorney(s) appearing for the Case

Stephen R. Kotz, Assistant United States Attorney (Norman C. Bay, United States Attorney, District of New Mexico, with him on the brief), Albuquerque, NM, for plaintiff-appellee.

Brenda G. Grantland, Mill Valley, CA, for defendants-appellants.

Before EBEL and HOLLOWAY, Circuit Judges, and JONES, Senior Circuit Judge.

EBEL, Circuit Judge.

Appellants Gabriel Rodriguez-Aguirre, Eleno Aguirre, Doloras Contreras and Tony Bencomo appeal from the district court's denial of their Rule 41(e) motion for the return of property. The property in question was allegedly seized in 1992 pursuant to several warrants executed on homes and business properties owned by Appellants. While many of the seized items were forfeited by the United States in valid...

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