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U.S. v. SEARCH OF LAW OFFICE, RESIDENCE

No. 02-51031.

341 F.3d 404 (2003)

UNITED STATES of America, Respondent-Appellant, v. In Re: SEARCH OF LAW OFFICE, RESIDENCE, AND STORAGE UNIT ALAN BROWN; Law Offices of Brown and Norton, Petitioners-Appellees.

United States Court of Appeals, Fifth Circuit.

July 31, 2003.

Attorney(s) appearing for the Case

Michael W. McCrum (argued), San Antonio, TX, Farley P. Karz, Strasburger & Price, San Antonio, TX, William Thomas Reid, IV, Diamond, McCarthy, Taylor, Finley, Bryant & Lee, Austin, TX, for Petitioners-Appellees.

Raymond N. Hulser (argued), Richard Christian Pilger, Brenda Kay Morris, U.S. Department of Justice, Criminal Division, Washington, DC, for Respondent-Appellant.

Before KING, Chief Judge, and HIGGINBOTHAM and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The federal government appeals from the district court's order issued pursuant to Federal Rule of Criminal Procedure 41(e) requiring the government to return documents seized from the law offices and home of Alan Brown, a San Antonio, Texas criminal defense attorney. The government argues that the district court erred in concluding under Rule 41(e) that Brown1

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