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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 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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Respectfully submitted,
ZACHARY A. CUNHA
UNITED STATES ATTORNEY
___________________________
LEE H. VILKER
Assistant U.S. Attorney
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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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