Free Response to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona LISA ROBERTS Assistant U.S. Attorney Two Renaissance Square Member of New York Bar 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CIV-00-1569-PHX-FJM Plaintiff, v. Red frame Buckeye parasail (serial number 3316) with metal trailer; Defendants, GOVERNMENT'S RESPONSE TO MOTION FOR RETURN OF REMAINING SEIZED PROPERTY

The government responds to the motion for return of "Remaining Seized Property" with the attached memorandum. Respectfully submitted this __5th____ day of October, 2005. United States Attorney, PAUL K. CHARLTON District of Arizona

S/Lisa Roberts LISA ROBERTS Assistant U.S. Attorney

Case 2:00-cv-01569-FJM

Document 54

Filed 10/05/2005

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MEMORANDUM Claimant Paul Stewart seeks return of the remaining seized property in his case. While he indicates that some property has been returned, he wishes the court to order that the "remaining" property be returned. He is correct that the case is in fact resolved, and no items to the knowledge of undersigned counsel are being held as evidence for any criminal trial. Therefore the government has no objection to the return of any property being held by the United States Fish and Wildlife Service. The government has spoken to the Special Agent in Charge of the Phoenix, office of United States Fish and Wildlife, Doug McKenna. He indicates that several months ago he returned property to Mr. Baker and obtained a receipt for this property. As the agency has "closed" this file, all documents related to the cases has been archived in New Mexico. Agent McKenna indicates a minimum of 30 days will be needed for an official request for the receipt to be processed by the office in Albuquerque, New Mexico. Respectfully submitted this 5th day of October, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona S/Lisa Roberts LISA ROBERTS Assistant U.S. Attorney

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Case 2:00-cv-01569-FJM

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I hereby certify that on October 5, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrant(s):

Thomas M. Baker 5050 N. 8th Place, #10 Phoenix, AZ 85014 [email protected]

__s/Regina Spurlock Regina Spurlock

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Case 2:00-cv-01569-FJM

Document 54

Filed 10/05/2005

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