United States v. Luther R. Wilson, Jr.

MacKINNON, Circuit Judge:

This case presents the question of the jurisdiction and duty of a federal district court in a criminal case to return to the defendant that property seized from him in the investigation but which is not alleged to be stolen, contraband, or otherwise forfeitable, and which is not needed, or is no longer needed, as evidence. We hold that the district court has both the jurisdiction and the duty to ensure the return of such property.

I

In an indictment filed on February 21, 1974, appellant was charged with possessing cocaine with intent to distribute it (21 U.S.C. §…