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United States of America v. James F. Lynch

December 18, 2012

UNITED STATES OF AMERICA
v.
JAMES F. LYNCH



The opinion of the court was delivered by: Jan E. DuBOIS, J.

ORDER

AND NOW, this 18th day of December, 2012, upon consideration of Lynch's Motion for Return of Property, or in the Alternative for Equitable Relief (Document No. 75, filed August 17, 2012), Government's Response to James F. Lynch's Motion for Return of Property, or in the Alternative for Equitable Relief (Document No. 79, filed October 19, 2012), and Reply Brief of James Lynch in Support of Motion for Return of Property, or in the Alternative for Equitable Relief (Document No. 84, filed November 21, 2012), for the reasons set forth in the Memorandum dated December 18, 2012, IT IS ORDERED that Lynch's Motion for Return of Property, or in the Alternative for Equitable Relief is DENIED IN PART AND DISMISSED IN PART as follows:

1. The Motion is DENIED to the extent Lynch's claims that the forfeiture of the $19,400 violated due process;

2. The Motion is DISMISSED to the extent Lynch's claims that the forfeiture of the $19,400 should be set aside as a direct or collateral consequence of his now-vacated conviction; and

3. The Motion is DENIED in all other respects.

BY THE COURT:

Hon. Jan E. DuBois

20121218

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