United States v. Henry White, United States of America v. $38,394 U.S. Currency, Henry White

CUMMINGS, Chief Judge.

This appeal is an outgrowth of our prior opinion reported in 660 F.2d 1178 (1981), where we upheld White’s conviction for possession of heroin with intent to distribute. We also upheld the seizure of $38,394 1 found in White’s apartment because the arresting Drug Enforcement Administration (DEA) agents could reasonably have believed that the money was the fruit of prior heroin sales and consisted in part of pre-recorded government funds. However, we left open the question whether the search of White’s apartment was lawful (660 F.2d at 1184 and n. 8) and remanded the case…