United States v. Gambino ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 95-31128
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JEROME GAMBINO,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
(92-CR-368-E)
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June 24, 1996
Before KING, JOLLY, and PARKER, Circuit Judges.
PER CURIAM:*
Jerome Gambino appeals from the district court’s denial of
his motion for return of property pursuant to FED. R. CRIM. P.
41(e). He argues that he was twice put in jeopardy for the same
offense. We have reviewed the record and the briefs of the
parties and find no error in the decision of the district court.
United States v. Gambino, No. 92-CR-368 E (E.D. La. Oct. 12,
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
1995). Further, the district court did not abuse its discretion
in denying Gambino’s motion without conducting an evidentiary
hearing. See Dickens v. Lewis, 750 F.2d 1251, 1255 (5th Cir.
1984). Accordingly, the district court’s order denying Gambino’s
motion for return of property is
AFFIRMED.
2