Government's Response to Motion to Compel Return of Property — U.S. v. Staveley, No. 1:20-cr-00074 (D.R.I.), Dkt. 126

Summary

Response to a motion to compel return of property in United States of America v. David Staveley, Criminal No. 20-074-MSM, in the United States District Court for the District of Rhode Island (Document 126, filed January 5, 2023). The response states that Staveley moved on December 19, 2022 (ECF #124) to compel return of personal property seized by law enforcement. It reports that the FBI has no personal belongings of the defendant; that the United States Marshal's Service has five identification cards bearing the defendant's photograph, in the names of fictitious individuals, which will not be returned, and a sixth identification document that the Government believes is fraudulent; and that the Massachusetts State Police has three items in the name of Kurt Sanborn that it wishes to return.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Case 1:20-cr-00074-WES-LDA Document 126 Filed 01/05/23 Page 1 of 3 PageID #: 1182




                             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 RESPONSE TO DEFENDANT’S
               MOTION TO COMPEL RETURN OF DEFENDANT’S PROPERTY

         On December 19, 2022, defendant David Staveley (“Staveley”) moved this Court (ECF

  #124) to compel the Government to return his personal property that was seized by law

  enforcement. Staveley previously moved to compel the Government to return his Massachusetts

  driver’s license to him. That license was subsequently returned to defendant’s mother.

         The United States has received the following information from the three law enforcement

  agencies which may have had possession of defendant’s personal belongings. The FBI reported

  that it has no personal belongings of the defendant. The United States Marshal’s Service reported

  that it has five identification cards bearing the defendant’s photograph. These identification cards

  are in the names of fictitious individuals and are therefore fraudulent and will not be returned to

  the defendant. The Marshals also have possession of a sixth identification document, a

  Massachusetts driver’s license in the name of David Sanborn that bears the photograph of

  another individual. The Government believes this license to be fraudulent as well.

         The Massachusetts State Police has reported that it has three personal items in the name

  of Kurt Sanborn that it wishes to return to the defendant. These consist of a AAA card, a BJ’s

  card and a Mass Health card. The State Police has attempted to contact defendant’s mother to



                                                   1
Case 1:20-cr-00074-WES-LDA Document 126 Filed 01/05/23 Page 2 of 3 PageID #: 1183




  return these items but the phone numbers law enforcement has for Mrs. Sanborn do not appear to

  be working. If defendant supplies his mother’s phone number, the United States will request the

  Massachusetts State Police to make arrangements to return these items to defendant’s mother.



                                                     Respectfully submitted,


                                                     ZACHARY A. CUNHA
                                                     UNITED STATES ATTORNEY


                                                     ___________________________
                                                     LEE H. VILKER
                                                     Assistant U.S. Attorney




                                                 2
Case 1:20-cr-00074-WES-LDA Document 126 Filed 01/05/23 Page 3 of 3 PageID #: 1184




                                 CERTIFICATE OF SERVICE

         I hereby certify that on this 5th day of January 2023, I caused the within Government’s
  Response to be filed electronically and it is available for viewing and downloading from the ECF
  system. I also certify that this Response 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)




                                                 3


File and source

File

gov.uscourts.rid.49679.126.0.pdf

Size

95,024 bytes

SHA-256

d195d0496055eaa53163f501474eeb109f96a62d89ca1992a135c3d22bc93aad

Our copy

gov.uscourts.rid.49679.126.0.pdf

Original

PACER (login required)