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U.S. v. ALBINSON

No. 01-1265.

356 F.3d 278 (2004)

UNITED STATES of America v. Stanley A. ALBINSON, Appellant.

United States Court of Appeals, Third Circuit.

January 27, 2004.

Attorney(s) appearing for the Case

Jennifer B. Saulnier, (Argued), Jones Day, Pittsburgh, for Appellant.

Eric B. Henson, (Argued), Office of United States Attorney, Philadelphia, for Appellee.

Before SCIRICA, Chief Judge, NYGAARD and AMBRO, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

Stanley A. Albinson appeals the denial of his motion for return of property filed under Fed.R.Crim.P. 41(g) (formerly Fed. R.Crim.P. 41(e))1 without an evidentiary hearing. The government asserted that it no longer retained possession of the seized property. At issue is whether the District Court was required to conduct an evidentiary inquiry as set forth in United States v. Chambers...

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