United States Ninth Circuit

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, the court rules that the United States may retain evidence it seized from Major League Baseball-s drug testing administrator, as part of an ongoing grand jury investigation into illegal steroid use by professional athletes.

Appellate Information

• Argued 12/18/2008
• Decided 12/27/2006
• Published 12/28/2006

Judges

• Before: ALEX KOZINSKI, Chief Judge, ANDREW J. KLEINFELD, SUSAN P. GRABER, KIM McLANE WARDLAW, W. FLETCHER, RICHARD A. PAEZ, MARSHA S. BERZON, CONSUELO M. CALLAHAN, CARLOS T. BEA, MILAN D. SMITH, JR. and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Argued by Joseph Douglas Wilson, Assistant United States Attorney, San Francisco, CA, who was joined on the briefs by Erika R. Frick, Assistant United States Attorney, San Francisco, CA, for the United States., Argued by Elliot R. Peters, Keker & Van Nest LLP, San Francisco, CA, who was joined on the briefs by David J. Silbert, Keker & Van Nest LLP, San Francisco, CA, and Ethan Atticus Balogh, Coleman & Balogh LLP, San Francisco, CA, for the Major League Baseball Players Association., David P. Bancroft, Sideman & Bancroft LLP, San Francisco, CA, and Jeffrey C. Hallam, Sideman & Bancroft LLP, San Francisco, CA, for Comprehensive Drug Testing, Inc., Peter Buscemi, Morgan, Lewis & Bockius LLP, Washington, DC, for amicus curiae Chamber of Commerce of the United States.