Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:02-cr-00257-CFD

Document 296

Filed 02/27/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA v. COURTNEY ASHLEY

: : : : Crim. No 3:02cr257 (CFD)

GOVERNMENT'S MOTION FOR ORDER TO DESTROY FIREARM The United States, by and through its undersigned attorney, seeks an order of the Court authorizing the Federal Bureau of Investigation ("FBI") to destroy the following firearm: Remington .45 caliber handgun Serial number 790076 and magazine with seven rounds of ammunition The government submits the following in support of this motion: 1. The firearm has come into the possession of the FBI as

evidence during the course of the now-resolved criminal case. The continued retention of the firearm in the New Haven Office poses an ever-increasing problem with regard to proper security for the firearm and the space available for other duties of this office. 2. The FBI's established procedure is to dispose of all unlawfully possessed firearms no longer of evidentiary value by forwarding them to the FBI Laboratory in Washington, D.C., for destruction.

Case 3:02-cr-00257-CFD

Document 296

Filed 02/27/2006

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3.

The firearm in this case is either an illegal firearm

per se, or if not illegal per se, was used in connection with a crime, or was not lawfully registered, or cannot be returned to the owner because of a felony conviction. 4. The firearm was seized from Courtney Ashley's apartment

during a consent search pursuant to his arrest on 9/04/02. Ashley pled guilty to one count of 21 U.S.C. Section 846 (Conspiracy to Possess With Intent to Distribute a Controlled Substance) and was sentenced to 135 months in prison on 5/07/03. 5. I have discussed this matter with Courtney Ashley's

attorney, Jose M. Rojas, and he has no objection to the destruction of the weapon.

Wherefore, the government respectfully requests that this Court, in the exercise of its general supervisory powers, issue an order authorizing the destruction of the firearm.

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY /s/ RAYMOND F. MILLER ASSISTANT UNITED STATES ATTORNEY Federal Bar No. ct20451 157 Church Street New Haven, Connecticut 06501 (203) 821-3700

Case 3:02-cr-00257-CFD

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ORDER The Government's motion for destruction of firearm(s)/ ammunition having been reviewed, notice having been given to the possessor/owner of the firearm(s) and/or ammunition and good cause having been shown, IT IS HEREBY ORDERED that the Federal Bureau of Investigation is directed to forward the firearms(s) and/or ammunition identified in the Government's motion to the FBI Laboratory in Washington, D.C. for destruction in accordance with its established procedure. SO ORDERED this ______ day of ________, 2006 at Hartford, Connecticut

___________________________ CHRISTOPHER F. DRONEY United States District Judge

Case 3:02-cr-00257-CFD

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Filed 02/27/2006

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CERTIFICATE OF SERVICE The foregoing "Government's motion for Order to Destroy Firearm(s)/Ammunition" was mailed, postage prepaid, this 24th day of February, 2006, to Jose M. Rojas, Esq., The Rojas Law Firm, 2074 Park Street, Hartford, CT 06106.

________/s/________________________ RAYMOND F. MILLER ASSISTANT UNITED STATES ATTORNEY