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U.S. v. RODRIGUEZ-AGUIRRE

No. 02-2340.

414 F.3d 1177 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel RODRIGUEZ-AGUIRRE; Eleno Aguirre, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 5, 2005.

Attorney(s) appearing for the Case

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

Brenda G. Grantland, Mill Valley, California, for Defendants—Appellants.

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

O'BRIEN, Circuit Judge.

This is the second appeal in this case. Gabriel Rodriguez-Aguirre and Eleno Aguirre (collectively referred to as the Aguirres) filed a motion pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure1 seeking the return of over 205 items of personal property which they allege the government seized from them but never properly forfeited. On the recent remand, the...

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