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U.S. v. MARTINEZ

No. 98-5915.

241 F.3d 1329 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel Alvaro Scaff Martinez, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 12, 2001.

Attorney(s) appearing for the Case

Bryan J. Brown, AFA Center for Law & Policy, Tupelo, MS, for Defendant-Appellant.

Sally Richardson, Steven A. Tyrrell, Lisette M. Reid, Eduardo I. Sanchez, Asst. U.S. Atty., Anne R. Schultz, Miami, FL, for Plaintiff-Appellee.

Before BARKETT and WILSON, Circuit Judges, and DOWD, District Judge.

WILSON, Circuit Judge:

Gabriel Scaff Martinez appeals the district court's denial of his Federal Rules of Criminal Procedure 41(e) ("Rule 41(e)") motion for return of property. Martinez's appeal raises an issue of first impression in our Circuit: Can a district court exercise equitable jurisdiction over a Rule 41(e) motion filed after criminal proceedings have ended? Our answer is "yes." Because the district court erroneously denied Martinez's motion without contemplating...

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