United States District Court, District of Columbia
A. HOWELL, Chief District Judge.
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.") Â¶ 4, ECF No. 149. 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.
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. Â§ 846.
See Verdict Form, ECF No. 80 at 1; Def.'s Pet. Â¶
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
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 ...