United States v. Wyatt

Full title: UNITED STATES OF AMERICA, Plaintiff, v. IAN CHRISTOPHER WYATT, Defendant.

Court: United States District Court, Middle District of Florida

Date published: Oct 3, 2022

6:17-cr-00260-PGB-DAB (M.D. Fla. Oct. 3, 2022)

Opinion

6:17-cr-00260-PGB-DAB

10-03-2022

UNITED STATES OF AMERICA, Plaintiff, v. IAN CHRISTOPHER WYATT, Defendant.

PAUL G. BYRON UNITED STATES DISTRICT JUDGE.

ORDER

PAUL G. BYRON UNITED STATES DISTRICT JUDGE.

This cause is before the Court on Defendant's Motion for Return of Property Under Rule 41(g) (Doc. 106 (the “Motion”)). Plaintiff submitted a Response, opposing in part the Defendant's request (Doc. 108), and the Defendant filed a Reply. (Doc. 111). The United States Magistrate Judge has submitted a report (The “Report”) recommending that Defendant's Motion be granted (Doc. 112), and the Government did not object to the Magistrate Judge's Report.

The Defendant seeks the return of the following devices seized by the Government:¹

1 The Defendant agreed to forfeit a desktop computer and four hard drives used in connection with his offense of conviction. Those devices are not the subject of the Defendant's motion for return of property.

1. LG smartphone, serial no. 408KPYR287938 (Item I);

2. Dell Venue 8 Protablet (Item 2);

3. Hard drive, serial no. WMAT11029309 (Item 3);

4. Hard drive, serial no. 5ND0VVR2 (Item 4);

5. Mario laptop, serial no. 51011309AAA00045 (Item 6); and

6. HP Compaq Presario CQ61, serial no. CNF9493J12 (Item 7).

After an independent de novo review of the record in this matter, and nothing that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.

Therefore, it is ORDERED as follows:

1. The Report and Recommendation filed July 26, 2022 (Doc. 112), is ADOPTED and CONFIRMED and made a part of this Order;

2. Defendant's Motion (Doc. 106) is GRANTED; and

3. The Government is DIRECTED to return the seized property (Items, 1, 2, 3, 4, 6 and 7 as listed above) to the Defendant's designee as designated in Defendant's reply (Doc. No. 111 at 2) within 14 days of the designee's request.² The Government shall obtain a signed receipt.

2 The Defendant's designee shall contact the Government to schedule a time to pick up the Items identified herein and shall sign a receipt for the Items.

DONE AND ORDERED.