Government's Opposition to Motion to Strike — United States v. David Staveley (D.R.I.)

Summary

The Government's Opposition to Defendant's Motion to Strike in United States v. David Staveley, Criminal No. 20-074-MSM, filed 10/20/22 as Document 103 in the U.S. District Court for the District of Rhode Island. It responds to Staveley's motion (ECF #102) to strike the government's opposition to his earlier motion for return of his Massachusetts driver's license and to remove the undersigned prosecutor from the case. The government states that the FBI advised it that the Massachusetts State Police had the license and that the license has now been returned. It calls the motion frivolous, asks that it be denied, and asks that the defendant be advised of possible sanctions under Federal Rule Civil Procedure 11. The certificate of service is signed /s/ by Assistant U.S. Attorney Lee H. Vilker.

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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 STRIKE  
 
 
In his latest motion, defendant David Staveley (“Staveley”) moved this Court (ECF #102) 
to strike the Government’s Opposition to his prior motion to return his Massachusetts driver’s 
license and to remove the undersigned from this proceeding. Defendant’s frivolous motion 
should be denied. 
Defendant’s instant motion relates to his prior motion that the Government return to him 
his driver’s license. That license has now been returned to defendant’s mother. As indicated in 
the Government’s Response to Defendant’s Return of Property, the undersigned was advised by 
the FBI that the Massachusetts State Police had the license in its possession and the State Police 
had made multiple attempts to return it to defendant’s mother that were unsuccessful. The 
undersigned has no first-hand knowledge of these efforts and was simply advising the Court of 
information it received from law enforcement. Defendant’s reckless allegation that the 
undersigned has been untruthful with the Court should be rejected and defendant should be 
advised of the consequences of filing frivolous pleadings, including possible sanctions under 
Federal Rule Civil Procedure 11.   
 
For the foregoing reasons, defendant’s motion should be denied. 
Case 1:20-cr-00074-MSM-LDA   Document 103   Filed 10/20/22   Page 1 of 3 PageID #: 1013

2 
Respectfully submitted,    
ZACHARY A. CUNHA 
UNITED STATES ATTORNEY 
___________________________ 
LEE H. VILKER 
Assistant U.S. Attorney 
Case 1:20-cr-00074-MSM-LDA   Document 103   Filed 10/20/22   Page 2 of 3 PageID #: 1014

 
3 
 
CERTIFICATE OF SERVICE 
 
 
I hereby certify that on this 20th day of October 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 103   Filed 10/20/22   Page 3 of 3 PageID #: 1015

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