Opinion
22-CR-49 (PAE)
01-23-2024
UNITED STATES OF AMERICA v. RASHIEM COUNCIL, PARIS FULTON, TERRENCE MCKEE, and MICHAEL GARCIA, Defendants.
ORDER
PAUL A. ENGHLMAYER, UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK
WHEREAS Defendants Rashiem Council, Paris Fulton, and Terrence McKee were arrested by New York City Police Department (NYPD) personnel on January 11, 2022 and charged federally in the above-captioned matter; and
WHEREAS pursuant to the arrests of Messrs. Council, Fulton, and McKee, NYPD personnel seized from these defendants certain cellphones and associated accessories, which were inventoried and vouchered on NYPD Invoice No. 2001098297; and
WHEREAS this property is not otherwise contraband for purposes of Federal Rule of Criminal Procedure 41(g); and
WHEREAS this matter has been fully adjudicated and no post-conviction or post-sentencing litigation is currently pending; and
WHEREAS the Government has no further need for the cellphones that were seized and vouchered on NYPD Invoice No. 2001098297; and
WHEREAS the Government consents to the return of the property identified on NYPD Invoice No. 2001098297; and WHEREAS defense counsel for Messrs. Council, Fulton, and McKee consent to the joint return of the property identified on NYPD Invoice No. 2001098297; and
WHEREAS Defendants Council, Fulton, and McKee have satisfied the requirements of Federal Rule of Criminal Procedure 41(g) and demonstrated that the return of the property identified on NYPD Invoice No. 2001098297 is appropriate;
IT IS HEREBY ORDERED that the NYPD shall return to defense counsel for Mr. Council, Assistant Federal Defender Neil P. Kelly, Esq., or a representative of the Federal Defenders of New York, the property identified on NYPD Invoice No. 2001098297; and
IT IS FURTHER ORDERED that counsel for Mr. Council shall transmit to counsel for Mr. Fulton and counsel for Mr, McKee the returned property belonging to Mr. Fulton and Mr. McKee, respectively.
The Clerk of Court is requested to terminate the motion at Dkt. No. 131.