Motion — United States v. David Staveley (Dkt. 91, D.R.I. No. 1:20-cr-00074)

Record facts

U.S. District Court for the District of Rhode Island · No. 1:20-cr-00074-MSM-LDA · Doc. 91 · 2022-09-14 · Docket on CourtListener

Full text

1 
 
UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF RHODE ISLAND 
 
 
UNITED STATES OF AMERICA  
) 
)   Criminal No. 20-074-MSM 
v. 
 
 
   
) 
) 
DAVID STAVELEY, 
 
 
) 
 
Defendant. 
 
 
) 
 
GOVERNMENT’S OPPOSITION TO DEFENDANT’S MOTION    TO  PRESERVE ALL 
COMMUNICATION BY THE COURT 
 
 
Without citing any legal authority, defendant David Staveley (“Staveley”) moved this 
Court (ECF #89) to issue an order requiring that all communications between the Court, the 
United States Attorney’s Office, federal law enforcement, the U.S. Marshal’s Service, defense 
counsel and the Court of Appeals be “preserved for future action.” Defendant’s motion should be 
denied as there is absolutely no legal requirement that this absurdly long list of individuals and 
entities preserve all of their communications.  
The Government is well aware of and has complied with its discovery obligations under 
Rule 16 of the Federal Rules of Criminal Procedure as well as its constitutional obligations under 
Brady v. Maryland, 373 U.S. 83 (1963), and progeny. The Department of Justice adheres to all 
legal requirements for the management and preservation of records as set forth by DOJ’s Office 
of Records Management Policy. Any and all records pertaining to this case will be preserved in 
accordance with the guidance provided by the Office of Records Management Policy. 
 
For the foregoing reasons, defendant’s motion should be denied. 
 
 
Case 1:20-cr-00074-MSM-LDA   Document 91   Filed 09/14/22   Page 1 of 3 PageID #: 955

 
2 
 
 
        
 
 
 
 
 
 
Respectfully submitted,    
 
ZACHARY A. CUNHA 
UNITED STATES ATTORNEY 
 
 
___________________________ 
LEE H. VILKER 
Assistant U.S. Attorney 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case 1:20-cr-00074-MSM-LDA   Document 91   Filed 09/14/22   Page 2 of 3 PageID #: 956

 
3 
 
 
 
CERTIFICATE OF SERVICE 
 
 
I hereby certify that on this 14th day of September 2022, I caused the within 
Government’s Opposition to be filed electronically and it is available for viewing and 
downloading from the ECF system. I also certify that this Opposition has been mailed to: 
 
 
David Staveley 
 
Reg. No. 04230-049 
 
FMC Devens – Camp 
 
P.O. Box 879 
 
Ayer, MA 01432 
 
 
/s/ Lee H. Vilker________________  
 
LEE H. VILKER 
Assistant U. S. Attorney,  
 
 
 
 
 
 
 
U. S. Attorney's Office 
 
 
 
 
 
 
 
50 Kennedy Plaza, 8th Floor 
 
 
 
 
 
 
 
Providence, RI 02903 
 
 
 
 
 
 
 
401-709-5000, 401-709-5001 (fax) 
 
 
Case 1:20-cr-00074-MSM-LDA   Document 91   Filed 09/14/22   Page 3 of 3 PageID #: 957

File and source

File

gov.uscourts.rid.49679.91.0.pdf

Size

122,928 bytes

SHA-256

7afebe6edd39a552a10ece2b387b83560ccae80eb35932fd581656351a8b512b

Our copy

gov.uscourts.rid.49679.91.0.pdf

Original

PACER (login required)