James Erwin v. United States of America

Filing 21

ORDER RE: RESOLUTION OF JAMES ERWIN'S MOTION FOR RETURN OF PROPERTY PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 41(g) by Judge S. James Otero, re Stipulation to Withdraw Motion 20 . No later than 5:00 p.m. on January 24, 2012, the government shall return to Movant all materials seized from the premises located at 7900 Via Obra Court, Highland, California on September 15, 2011. Movant's Motion for the Return of Property 1 , is hereby withdrawn by Movant, effectively immediately upon the Court's issuance of this Order. Case Terminated. Made JS-6. (kbr)

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ANDRÉ BIROTTE JR.
United States Attorney
ANTOINE F. RAPHAEL
Assistant United States Attorney
Chief, Riverside Office
JERRY A. BEHNKE (Cal. Bar No. 180462)
Assistant United States Attorney
Deputy Chief, Riverside Office
JOSEPH B. WIDMAN (Cal. Bar No. 256189)
Assistant United States Attorney
3880 Lemon Street, Suite 210
Riverside, California 92501
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]

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Attorneys for Respondent
UNITED STATES OF AMERICA

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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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JAMES ERWIN,
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Movant,
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v.
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UNITED STATES OF AMERICA,
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Respondent.
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No. CV 11-08403-SJO (OPx)
ORDER RE: RESOLUTION OF JAMES
ERWIN’S MOTION FOR RETURN OF
PROPERTY PURSUANT TO FEDERAL RULE
OF CRIMINAL PROCEDURE 41(g)

FOR GOOD CAUSE SHOWN, and pursuant to the stipulation by and

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between Respondent UNITED STATES OF AMERICA, through its counsel

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of record, Assistant United States Attorneys Jerry A. Behnke and

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Joseph B. Widman, and Movant James Erwin (“Movant”), through his

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counsel of record, Steven L. Harmon, Esq. and Rajan Maline, Esq.,

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IT IS HEREBY ORDERED as follows:

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1.

No later than 5:00 p.m. on January 24, 2012, the

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government shall return to Movant all materials seized from the

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premises located at 7900 Via Obra Court, Highland, California on

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September 15, 2011.

The government is permitted to retain copies

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of all such materials, including, but not limited to, imaged

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copies of seized digital devices.

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2.

Movant’s Motion for the Return of Property Pursuant to

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Federal Rule of Criminal Procedure 41(g), which was filed on

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October 10, 2011 (Docket No. 1), is hereby withdrawn by Movant,

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effectively immediately upon the Court’s issuance of this Order.

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The government is not obligated to submit information pursuant to

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the Court’s Order of November 18, 2011.

(Docket No. 19.)

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Dated: 11/28/11________
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THE HONORABLE S. JAMES OTERO
United States District Judge

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