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CLYMORE v. U.S.

No. 02-2264.

415 F.3d 1113 (2005)

Craig CLYMORE, also known as Cliff G. Wilson, also known as Wayne Samuel Powell, also known as Kevin Riley, also known as Steve Brown, also known as James Burchell, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 5, 2005.

Attorney(s) appearing for the Case

Jody Neal-Post (Christal K. Girsham with her on the briefs), Albuquerque, New Mexico, for Plaintiff—Appellant.

Stephen R. Kotz, Assistant U.S. Attorney (David C. Iglesias, United States Attorney, with him on the briefs), Albuquerque, New Mexico, for Defendant— Appellee.

Before MURPHY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

O'BRIEN, Circuit Judge.

This is the third appeal by Craig Clymore arising from his motion for return of property filed pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure.1 In the latest remand, the district court granted summary judgment in favor of the government and denied Clymore's motions to reconsider. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we reverse and remand.

I. Background

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