United States v. Gambino ( 1996 )


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  •                 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)
    _________________________________________________________________
    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    that this opinion should not be published and is not precedent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
    

Document Info

Docket Number: 95-31128

Filed Date: 7/9/1996

Precedential Status: Non-Precedential

Modified Date: 12/21/2014