Opinion
2:15-cr-42-SPC-KCD
10-27-2022
UNITED STATES OF AMERICA v. TAVARES FELTON
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SHERI POLSTER CHPPELL UNITED STATES DISTRICT JUDGE
Before the Court is pro se Defendant Tavares Felton's Motion to Reconsider Docs. 107, 108 Return of Seized Property (Doc. 129), along with the Government's response (Doc. 131).
Seven years ago, the Fort Myers Police Department seized three cell phones during Defendant's arrest. A few years after his sentencing, Defendant asked for the phones back. (Doc. 107). The Court denied his request because the Government had a continuing need for them as evidence until the Court resolved his § 2255 motion. (Doc. 114 at 3).
Fast forward four years. Defendant now moves again to return the cell phones because “the United States has no legitimate reason to retain the property as evidence being that [his] 2255 proceedings is closed.” (Doc. 129 at 2). But that's not true. Since moving for reconsideration of the phones' return,
Defendant has filed another § 2255 motion that remains pending. (Doc. 135). Because Defendant has put another § 2255 motion in play, the Court will deny without prejudice his motion to return any cell phones associated with this case and within its or the Fort Myers Police Department's custody. That's because the Government continues to have a legitimate reason to retain them as evidence until the latest § 2255 motion is resolved.
Accordingly, it is now
ORDERED:
Pro se Defendant Tavares Felton's Motion to Reconsider Doc. 107, 108 Return of Seized Property (Doc. 129) is DENIED without prejudice.
DONE AND ORDERED