RAGGI, Circuit Judge.
Plaintiff-Appellant Hammed Adeleke is presently incarcerated for smuggling heroin into the United States on May 15, 2001. See United States v. Adeleke, 01-CR-573 (ILG) (E.D.N.Y.2001). Subsequent to conviction, Adeleke moved pro se in the United States District Court for the Eastern District of New York pursuant to Fed. R.Crim.P. 41(e) — now Rule 41(g)
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