[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals For the First Circuit

No. 98-1057

UNITED STATES,

Appellee,

v.

GLENN P. LACEDRA,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Reginald C. Lindsay, U.S. District Judge]

Before

Boudin, Circuit Judge, Coffin, Senior Circuit Judge, and Lynch, Circuit Judge.

Glenn P. Lacedra on brief pro se. Donald K. Stern, United States Attorney, and Robert E. Richardson, Assistant United States Attorney, on brief for appellee.

May 28, 1998

Per Curiam. Pro se appellant, Glenn P. LaCedra, appeals from the district court's partial denial of his Fed. R. Crim. P. 41(e) motion seeking the return of certain property which had been seized pursuant to a search warrant, or, in the alternative, for compensation for the seized property. We affirm. The court did not abuse its discretion or commit error in declining to return certain firearms and related property to LaCedra, who is a convicted felon. See 18 U.S.C. 922(g)(1) (making it unlawful for persons convicted of crimes punishable by imprisonment for greater than one year to possess firearms or ammunition). Nor did the court abuse its discretion or err in failing to order compensation for the firearms and related property since the government had represented that it would surrender these items to any third party lawfully purchasing them from LaCedra. The district court also properly declined to order the return of certain "investigative paperwork" casually identified by LaCedra. As best we can glean from the record, the materials in question have no market value but were for the most part materials either used in connection with the planned murder or capable of being used in another attempt. That is reason enough for the district court to decline to order the government to restore those materials to LaCedra. Affirmed. See Loc. R. 27.1.