United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 97-1905WM

James Albert McKines, Appellant, v. United States of America; Attorney General, Of the State of Nevada, Appellees.

Submitted: August 14, 1998 Filed: August 18, 1998

Before FAGG, BEAM, and LOKEN, Circuit Judges.

PER CURIAM.

James Albert McKines appeals the district court's denial of McKines's motion under Federal Rule of Criminal Procedure 41(e) for the return of property seized when he was arrested for drug trafficking. We have carefully reviewed the record and the parties' briefs, and conclude the district court did not abuse its discretion in declining to exercise its equitable jurisdiction in this matter. See Ramsden v. United States, 2 F.3d 322, 324 (9th Cir. 1993) (standard of review), cert. denied., 511 U.S. 1058 (1994). Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

Appeal from the United States District Court for the Western District of Missouri.

[UNPUBLISHED]