Government's Opposition to Motion to Strike — United States v. Staveley, No. 1:20-cr-00074 (D.R.I.), Dkt. 103

Summary

The Government opposes defendant David Staveley's motion to strike, which asked the court to strike the Government's Opposition to his prior motion to return his Massachusetts driver's license and to remove the undersigned from the proceeding. The Government calls the motion frivolous and states that the license has now been returned to defendant's mother. It states that the undersigned was advised by the FBI that the Massachusetts State Police had the license and had made multiple attempts to return it to defendant's mother that were unsuccessful. The filing asks that the allegation that the undersigned was untruthful be rejected and that defendant be advised of the consequences of filing frivolous pleadings, including possible sanctions. The certificate of service is dated October 20, 2022.

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Full text

Case 1:20-cr-00074-MSM-LDA Document 103 Filed 10/20/22 Page 1 of 3 PageID #: 1013




                             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.



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Case 1:20-cr-00074-MSM-LDA Document 103 Filed 10/20/22 Page 2 of 3 PageID #: 1014




                                            Respectfully submitted,


                                            ZACHARY A. CUNHA
                                            UNITED STATES ATTORNEY


                                            ___________________________
                                            LEE H. VILKER
                                            Assistant U.S. Attorney




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Case 1:20-cr-00074-MSM-LDA Document 103 Filed 10/20/22 Page 3 of 3 PageID #: 1015




                                 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)




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