Free Order on Motion for Return of Property/PreTrial - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 UNITED STATES OF AMERICA, 9 Plaintiff, 10 11 12 13 14 The court has before it defendant Austin's motion for return of seized property 15 (doc. 221), the government's response, and Austin's reply. The case against Austin has 16 been dismissed without prejudice but the government claims that it is still investigating 17 his possible prosecution. If the government does not pursue the matter, Austin would be 18 entitled to his property back. On the other hand, the government ought to be given a 19 reasonable period of time to make a decision. Accordingly, IT IS ORDERED DENYING 20 defendant Austin's motion for return of seized property (doc. 221) at this time, but 21 without prejudice to reurge it if, within 60 days of this order, the government fails to 22 pursue this matter. 23 24 25 26 27 28
Case 2:04-cr-00313-FJM Document 230 Filed 08/16/2005 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) CR-04-313-PHX-FJM ORDER

vs. DOMINIC T. AUSTIN, Defendant.

DATED this 15th day of August, 2005.