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U.S. v. PANTELIDIS

Nos. 02-3436 and 02-4318.

335 F.3d 226 (2003)

UNITED STATES of America v. Jerry PANTELIDIS, Appellant. In re: Jerry Pantelidis, Petitioner.

United States Court of Appeals, Third Circuit.

Filed July 11, 2003.

Attorney(s) appearing for the Case

James M. Becker, (Argued), James A. Keller, Saul Ewing LLP, Philadelphia, PA, for Appellant/Petitioner.

Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Robert A. Zauzmer, Assistant United States Attorney, Chief of Appeals, Paul L. Gray, (Argued), Assistant United States Attorney, Philadelphia, PA, for Appellee/Respondent.

Before: McKEE and SMITH, Circuit Judges, and COWEN, Senior Circuit Judge.

OPINION OF THE COURT

McKEE, Circuit Judge.

Jerry Pantelidis appeals from the district court's order denying his motion for return of property filed under Fed. R.Crim.P. 41(e). He claims that he is entitled to the return of certain funds escrowed pursuant to the terms of a non-prosecution agreement. However, since we conclude that the agreement is ambiguous, we will vacate the district court's order and remand for...

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