United States v. Everett Alan Palmer

Appellant, Palmer, was convicted of bank robbery. During the trial the government placed in evidence numerous items of the defendant’s personal property, including a revolver and $763 in cash which had been seized at the time of his arrest. Defendant made a post-conviction motion for return of his property, excepting the revolver. That the court has jurisdiction was the holding of United States v. Wilson, 540 F.2d 1100 (D.C.Cir. 1976).

The government opposed the motion. It contended that since the property items had been received in evidence as government exhibits they should be returned to the government as the offering party. It was willing to waive its rights in this respect as to all items sought save the money. As to the money its opposition was firm: the court should avoid getting into a dispute over ownership or right to possession and return the exhibit to the offering party. The district court agreed and denied appellant’s motion. This appeal followed.

The government makes no claim of ownership by virtue of forfeiture or otherwise. There was no evidence that the money was the property of the bank, although the government in brief and argument persists in referring to it…