United States v. William C. Farrell

MacKINNON, Circuit Judge:

Farrell was convicted in United States District Court of an attempt to distribute heroin in violation of 21 U.S.C. § 841(a)(1). During the trial $5,000 in currency, which Farrell had voluntarily paid to an undercover police officer in the mistaken belief that the officer would deliver him some very pure heroin for the money, was introduced as evidence in the case. After his conviction Farrell filed a motion for return of the money that evidence indicated he had placed on a counter before the undercover police officer in his attempt to purchase the heroin. The district…