United States v. Totaro

MEMORANDUM

JAMES R. MILLER, Jr., District Judge.

In a memorandum of March 19, 1979, 468 F.Supp. 1045, this court held that it had ancillary jurisdiction over a post conviction motion filed in the above captioned criminal case for the return of seized property. The parties were directed to submit affidavits on the subject of the total amount of money seized from the defendant and the ownership or right to possession of such money (Paper 58). Subsequently, defendant (Totaro) and the USA both filed affidavits.

Totaro’s affidavit asserts that at the time of his arrest he had on his person cash in an…