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United States v. Gause

United States District Court, E.D. North Carolina, Southern Division

July 12, 2018

UNITED STATES OF AMERICA,
v.
CHRISTOPHER COLUMBUS GAUSE, JR., Defendant.

          ORDER

          LOUISE W. FLANAGAN UNITED STATES DISTRICT JUDGE

         This matter is before the court on defendant's motion for return of seized property (DE 597), to which the government filed a response in opposition. In this posture, the issues raised are ripe for ruling. For the following reasons, defendant's motion is denied.

         BACKGROUND

         Defendant pleaded guilty pursuant to a written plea agreement, on September 12, 2007, to conspiring to distribute more than five kilograms of cocaine and carrying a firearm during and relation to a drug trafficking crime. On February 11, 2008, the court sentenced defendant to a total term of imprisonment of 240 months. The court reduced defendant's sentence, on February 18, 2016, to a total term of imprisonment of 206 months, pursuant to 18 U.S.C. § 3582(c)(2).

         Defendant filed the instant motion, pursuant to Federal Rule of Criminal Procedure 41(g), seeking return of the following assets seized by the government pursuant to a search warrant executed August 25, 2006, and on the date of defendant's arrest, on May 29, 2007, comprising:

1) seized cash from search, in the amount of $2, 651;
2) 2004 Infinity Q-X 56;
3) 1997 Dodge Caravan;
4) seized cash from safe deposit, in the amount of $144, 000;
5) 24K gold chain, 24K gold bracelet, 14K gold chain with medallion;
6) seized cash upon arrest, in the amount of $4000.

         Defendant notes that $3, 291.00 and certain real property were subject to judicial forfeiture in this criminal case.

         In response, the government attaches a declaration of Vicki L. Rashid (“Rashid”), forfeiture counsel of the Drug Enforcement Administration (DEA), stating and documenting that all of the assets referenced in the instant motion, except for $4000 cash upon arrest, were subject of an administrative forfeiture completed in 2006 and 2007. Rashid states that money removed from defendant's person upon arrest totaled $3, 291.00 in currency, and such currency was forfeited judicially in this criminal case.

         COURT'S ...


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