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IN MATTER OF U.S.

Nos. 08-9131-MC, 08-9147-MC.

665 F.Supp.2d 1210 (2009)

In the Matter of the Application of the UNITED STATES of America for a Search Warrant for Contents of Electronic Mail and for an Order Directing a Provider of Electronic Communication Services to not Disclose the Existence of the Search Warrant.

United States District Court, D. Oregon.

June 23, 2009.

Attorney(s) appearing for the Case

Lance A. Caldwell, Hannah Horsley, United States Attorney's Office, Portland, OR, for movant, United States of America.

Steven T. Wax, Federal Public Defender, Portland, OR, for Amicus, Federal Public Defender for the District of Oregon.

OPINION & ORDER

MOSMAN, District Judge.

This is an appeal from Magistrate Judge Hubel's Order (# 19) signed November 21, 2008, holding that all parts of Federal Rule of Criminal Procedure 41 ("Rule 41") apply to a warrant issued under 18 U.S.C. § 2703(a). Specifically, Judge Hubel ordered that "[t]he receipt required by Rule 41(f)(1)(C) must be provided to the subscriber of the e-mail accounts for the e-mails stored for 180 days or less which are...

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