United States v. Richard Michael King, AKA Richard Hansen

Before DUNIWAY and WALLACE, Circuit Judges, and SOLOMON, District Judge.

King was convicted of conspiracy to import five tons of marijuana. We reversed that conviction on the ground that most of the evidence was the product of the illegal interception and recording of conversations over King’s telephone. United States v. King, 478 F.2d 494 (9th Cir.), cert. denied, 414 U.S. 846 , 94 S.Ct. 111 , 38 L.Ed.2d 94 (1973). King was not retried or reindicted. He then moved pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure for the return of illegally-seized property. He appeals from the denial of that motion and we affirm.

King filed no affidavit supporting his motion. His attorney did file an affidavit stating that the return of the seized materials was necessary in order to prepare a civil lawsuit pursuant to 18 U.S.C. § 2520 . His first request is for the 600 pages of transcript of the intercepted wire communication on King’s telephone, together with all original tapes, transcripts, logs, notes and copies thereof.

Property is to be returned pursuant to a Rule 41(e) motion if the movant can demonstrate that “he is entitled to lawful possession of the property…