US v. Comprehensive Drug Testing, Inc., No. 05-10067

In cases arising from the federal investigation of the Bay Area Lab Cooperative (Balco) and its alleged distribution of illegal steroids to professional baseball athletes, orders quashing subpoenas seeking information regarding drug tests performed on baseball players are affirmed over the government's appeal where: 1) the government failed to timely appeal one of the orders, which determined that the government failed to segregate intermingled data, and thus the order had preclusive effect on the other pending cases; and 2) Fed. R. Crim. P. 41(g) was an appropriate means of obtaining the return of property improperly seized by the government.

Read US v. Comprehensive Drug Testing, Inc., No. 05-10067

Appellate Information

Argued and Submitted December 18, 2008

Filed August 26, 2009

Judges

Opinion by Chief Judge Kozinski

Partial Concurrence and Partial Dissent by Judge Callahan

Partial Concurrence and Partial Dissent by Judge Bea

Dissent by Judge Ikuta

Counsel

For Appellant:

Joseph Douglas Wilson, Assistant United States Attorney, San Francisco, CA

Andrew Duncan, Assistant United States Attorney, Las Vegas, NV

For Appellees:

Ethan Atticus Balogh, Coleman & Balogh LLP, San Francisco, CA

Jeffrey C. Hallam, Sideman & Bancroft LLP, San Francisco, CA