(Sports Network) - Federal prosecutors have reportedly filed a motion asking an appeals court to stay its decision that federal agents were wrong to seize drug-testing records and samples of Major League Baseball players.

Last Wednesday the 9th U.S. Circuit Court of Appeals ruled in a 9-2 vote that federal agents were wrong, agreeing with three lower court judges. They found investigators acted improperly by seizing the now infamous list of 104 Major League Baseball players who tested positive for performance-enhancing drugs in 2003, along with samples, when they had warrants to seize only 10 of the tests.

The government had seized the samples in April of 2004 as part of the BALCO investigation into Barry Bonds and other players. Chief Judge Alex Kozinski wrote that it was "an obvious case of deliberate overreaching by the government in an effort to seize data as to which it lacked probable cause."

But the New York Daily News reported Wednesday federal prosecutors filed the motion in the San Francisco U.S. Attorney's office late Monday. The report added that the Justice Department has until November 24 to ask the Supreme Court to review the case.

The Daily News reported prosecutors said if the decision is not stayed, results and samples might be destroyed, thus seriously hindering a potential government appeal.

The list of 104 players has been part of a five-year struggle with the players' union trying to make the government return it.

David Ortiz of Boston and Yankees star Alex Rodriguez have both been confirmed as being on the list, while Manny Ramirez of the Dodgers and now-retired slugger Sammy Sosa were reported by the New York Times as being on the list.

Back in 2003, MLB conducted a drug testing without penalties. A total of 240 players were randomly selected for testing, and each player produced a urine sample with an additional follow-up.

That November, the players' association received the first results from the tests and began the process of destroying the results, but later in the month, a federal grand jury had issued a subpoena to halt the destruction of the samples. On April 8, 2004, federal agents got search warrants to seize the samples.



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