Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Brown

United States District Court, District of Columbia

May 5, 2016

UNITED STATES OF AMERICA
v.
XAVIER VALENTINE BROWN, Defendant.

          MEMORANDUM OPINION

          BERYL A. HOWELL, Chief District Judge.

         Defendant Xavier Valentine Brown, proceeding pro se, filed a motion, on January 15, 2014, pursuant to Federal Rule of Criminal Procedure 41(g), for the return of personal property and cash allegedly seized from him by Federal Bureau of Investigation ("FBI") agents at the time of his arrest on January 6, 2005. Def.'s Petition for Return of Prop. Pursuant to Fed. R. of Crim. P. 41(g) by Way of Affidavit by Xavier Valentine Brown ("Def.'s Pet.") ¶ 4, ECF No. 149.[1] In response, the government has returned some of the items seized, denies seizing some items described by the defendant, and claims to have administratively forfeited or have a continuing evidentiary need for the rest of the items. Gov't's Opp'n to Def.'s Pro Se Fed. R. Crim. P. 41(g) Mot. for Return of Property ("Gov't's Opp'n"), at 1-2, ECF No. 150; Gov't's Supp. Mem. Opp'n ("Gov't's Supp. Opp'n"), at 6, ECF No. 154; Gov't's Response to Court's May 3, 2016 Minute Order ("Gov't's Certification") at 1 n.1, ECF No. 156; id., Ex. 1 ("Ervin Aff.") at 3, ECF No. 156-1. Upon review of the parties' submissions, the petition is denied.

         I. BACKGROUND

         The defendant was arrested on January 6, 2005 and convicted by a jury one year later, on January 6, 2006, of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. § 846. See Verdict Form, ECF No. 80 at 1; Def.'s Pet. ¶ 3 (citing United States v. Brown, 508 F.3d 1066, 1068 (D.C. Cir. 2007)). He was subsequently sentenced on April 21, 2006 to a term of 135 months of incarceration, followed by a five-year term of supervised release, and fined $4, 285. See J. and Commitment Form, ECF No. 89 at 1-5.

         "At the time Brown was arrested, he had a cell phone in his hand... [and] [f]our other cell phones were found in the car Brown was driving. Two notebooks were also recovered from Brown's vehicle." United States v. Brown, 508 F.3d at 1069. "The notebooks and the phones were entered into evidence at trial." Id. at 1069-70. The defendant now seeks return of these five phones and the two notebooks, which he apparently refers to as "Writing Pads, " as well as other items that he claims were seized from him at the time of his arrest. He summarizes the items at issue in his pending motion for return of property as follows:

[#1.] U.S. Currency of over Seven Thousand ($7, 000) dollars;
[#2.] Wallet with Driver's License and Credit Cards;
[#3.] House Keys;
[#4.] Gold Chain with a Jade Pendant;
[#5.] Wedding Band made of Gold and Diamonds;
[#6.] Diamond Earrings;
[#7.] Red Rope Belt;
[#8.] Black North Face Jacket;
[#9.] Men's Dress Shirts;
[#10.] Compact Discs;
[#11.] Writing ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.