Government response to motion to compel return of property — U.S. v. Staveley/Butziger (D.R.I.)

Record facts

U.S. District Court for the District of Rhode Island · No. 1:20-cr-00074-WES-LDA · Doc. 126 · 2023-01-05 · Docket on CourtListener

Full text

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

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

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

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