Free Reply - District Court of Colorado - Colorado

Case 1:00-cr-00501-EWN

Document 53

Filed 02/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cr-501-N THE UNITED STATES OF AMERICA, Plaintiff, v. Edward Wingfield, III, Defendant(s). ______________________________________________________________________________ UNITED STATES' SECOND RESPONSE TO MOTION FOR RETURN AND SECOND REQUEST FOR DENIAL OF MOTION FOR RETURN ______________________________________________________________________________ COMES NOW the United States of America, by and through Assistant United States Attorney James S. Russell, again responds to the Motion for Return of Personal Property, and again requests that the Motion for Return of Property be denied. As grounds therefor, the United States states that: 1. On November 15, 2000, defendant Edward Wingfield, III was indicted in Criminal Case 00-cr-501 for drug trafficking. Wingfield pleaded guilty on February 2, 2001 and on April 20, 2001 was sentenced to 84 months in prison. 2. Also on April 20, 2001, the Court's docketing system "terminated" the case. Since all of these actions occurred before the implementation of the Court's Electronic Case Filing system, none of the above proceedings are currently reflected on the ECF posting for this case. 3. Nearly 16 months later, on August 1, 2002, Wingfield, pro se, filed a Motion for Return of Personal Property from Forfeiture under Due Process, seeking return of jewelry, a

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Case 1:00-cr-00501-EWN

Document 53

Filed 02/20/2007

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vehicle, and some currency. At some time, Wingfield also apparently filed a Section 2255 Motion with this Court. 4. The Court did nothing on the Section 2255 Motion or the Motion for Return of Property for nearly two and a half years. On January 4, 2005, the Court denied the Section 2255 Motion (ECF Document 45) and also entered a Minute Order requiring the United States to respond to the August 1, 2002 Motion for the Return of Personal Property (ECF Document 46). 5. On February 22, 2005, the United States filed its Response to Motion for Return of Property (ECF Document 51), indicating that it never had possession of any jewelry, and that a vehicle and currency had properly been administratively forfeited. The United States therefore asked on February 22, 2005, almost exactly two years ago, that the Motion be denied. 6. The Court not having ruled, nine months later on November 30, 2005 the United States filed a Status report and request for denial of the Motion (ECF Document 52). 7. Over four years after the Motion for Return of Property, two years after the United States' Response opposing the Motion for Return of Property, and nearly 15 months after the Status Report and request for denial of the Motion, the Court has still not denied the Motion. The United States believes that because this case was "terminated" in the Court's docketing system, the Motion has never been ruled upon. 8. The United States again asks that the Motion be DENIED. Dated this 20th day of February, 2007.

Respectfully submitted, TROY A EID United States Attorney -2-

Case 1:00-cr-00501-EWN

Document 53

Filed 02/20/2007

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By: s/James S. Russell James S. Russell Assistant United States Attorney 1225 Seventeenth Street, Ste. 700 Denver, Colorado 80202 Telephone (303) 454-0100 FAX: (303) 454-0402 E-mail: [email protected] Attorney for Plaintiff United States

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 20th day of February, 2007, I have mailed a true and correct copy of UNITED STATES' SECOND RESPONSE TO MOTION FOR RETURN AND SECOND REQUEST FOR DENIAL OF MOTION FOR RETURN by regular, and certified return receipt mail and postage prepaid, to: Edward L. Wingfield, III Inmate Registration No. 30040-014 Federal Correction Center 9595 W. Quincy Avenue Littleton, CO 80123 7005 1160 0002 5603 8309

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