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IN RE SEIZURE OF APPROX. 28 GRAMS OF MARIJUANA

No. 3-01-30204 MHP.

278 F.Supp.2d 1097 (2003)

In re the Matter of THE SEIZURE OF APPROXIMATELY 28 GRAMS OF MARIJUANA.

United States District Court, N.D. California.

August 25, 2003.

Attorney(s) appearing for the Case

Mark T. Quinlivan, U.S. Department of Justice, Washington, DC.

J. Bryce Kenny, Russell J. Clanton & Associates, Arcata, CA.

Russell J. Clanton, Russell J. Clanton & Associates, Arcata, CA.

OPINION

PATEL, Chief Judge.

This action arises out of the seizure of approximately twenty-eight grams of marijuana by the United States Drug Enforcement Agency ("DEA"), pursuant to a warrant issued by this court. Petitioner Christopher Giauque filed a motion for return of the marijuana, arguing that the seizure constituted improper interference by a federal court in state court proceedings and challenging the constitutionality of the federal drugs...

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