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CHAIREZ v. U.S.

No. 02-3169.

355 F.3d 1099 (2004)

Marcial L. CHAIREZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 2004.

Attorney(s) appearing for the Case

Colleen D. Ball (argued), Wauwatosa, WI, for Plaintiff-Appellant.

Stephen Ehlke (argued), Elizabeth Altman, Office of the United States Attorney, Madison, WI, for Defendant-Appellee.

Before BAUER, MANION, and ROVNER, Circuit Judges.

MANION, Circuit Judge.

In October 2000 Marcial Chairez was convicted of distributing cocaine, 21 U.S.C. § 841(a)(1), and carrying a firearm during and in relation to a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A). In August 2002 Chairez filed a post-conviction motion, ostensibly under Fed.R.Crim.P. 41(g) (formerly Rule 41(e)), seeking the return of money that was seized by Drug Enforcement Agency ("DEA") agents and later forfeited administratively to...

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