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BAILEY v. U.S.

No. 07-40309. Summary Calendar.

508 F.3d 736 (2007)

Mitchell Hayward BAILEY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 19, 2007.

Attorney(s) appearing for the Case

Mitchell Hayward Bailey, Memphis, TN, pro se.

Gerald Paul Doyle, Houston, TX, for U.S.

Before JOLLY, DENNIS and PRADO, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Mitchell Bailey appeals the district court's dismissal of his motion seeking the return of property seized from him at his arrest and grant of the government's motion to dismiss. For the following reasons, we AFFIRM in part, REVERSE in part, and REMAND.

I.

Bailey was arrested on January 29, 2000 at a Border Patrol checkpoint in Falfurrias, Texas when agents discovered marijuana concealed inside the trailer load of cabbage...

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