Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 DOMINIC T. AUSTIN (1), 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cr-00313-FJM Document 252 Filed 11/07/2005 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs.

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CR-04-313-PHX-FJM ORDER

The court has before it the defendant Austin's motion for clarification of order (doc. 248), the government's motion for reconsideration of court's order (doc. 249), and the defendant Austin's notice regarding government's motion for reconsideration of court order. With respect to Austin's motion (doc. 248), counsel is correct that this court's order would not preclude the filing of a future motion to suppress under the Fourth Amendment. The government's motion for reconsideration is DENIED (doc. 249). The government moved to dismiss its case against Austin and has not proceeded with forfeiture proceedings. Thus, there is no basis for the government to continue to hold the property. DATED this 4th day of November, 2005.