United States v. James Lee Smith

STEPHENSON, Circuit Judge.

I. PREFACE

The United States government appeals the district court’s 1 order granting summary judgment to James L. Smith and ordering the government to return Smith’s $25,-000 to him. The money has been in the government’s possession since undercover agents arrested Smith as he used the $25,-000 in his attempt to purchase hashish from the agents. The government argues that the contract to purchase the drugs was an illegal contract and that it would be against public policy to allow a wrongdoer such as Smith to use the court to recover money under an illegal contract.…