United States v. Kaley, et al., No. 10-15048 (11th Cir. 2012)
Annotate this CaseThis case arose from charges against defendants, which related to the stealing of prescription medical devices from hospitals and selling them on the black market. In this interlocutory appeal, defendants challenged a district court's order denying their motion to vacate a pretrial protective order restraining their assets. Defendant argued that, in addition to traceability, they should have been allowed to challenge the factual foundation supporting the grand jury's probable cause determinations at a pretrial, post-restraint hearing. Because defendants were not entitled to try the entire case twice, once before trial and then again before a judge and jury, the court affirmed the district court's order denying defendants' motion to vacate the protective order.
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