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United States of America v. Brandon De Capua

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


May 31, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BRANDON DE CAPUA, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

By motion (Dkt. #37), the defendant Brandon DeCapua seeks an order for the return of certain items of personal property that were allegedly seized by the Government in connection with defendant's arrest on charges relating to the possession of child pornography. The Government has responded (Dkt. #39) to the motion. The motion is denied. Based on the Government's response, certain items seized were contraband as items involved in or that facilitated possession of child pornography and they have been destroyed. The other items mentioned are not, nor have they been, in the possession of the Government.

CONCLUSION

Defendant's motion for return of property (Dkt. # 37) is in all respects denied. IT IS SO ORDERED.

20110531

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