United States District Court, D. Nevada
ORDER GRANTING IN PART MOTION FOR RETURN OF PROPERTY
[ECF NO. 265]
JENNIFER A. DORSEY JUDGE.
Phillip Smith was an aspiring music artist whose endeavors
were interrupted when he pled guilty to one count of
conspiracy to commit armed robbery and seven counts of
robbery in connection with many robberies, including several
at video-game retailer GameStop.He was sentenced to serve 221
months in prison with 3 years of supervised release to
follow, and he was ordered to pay $48, 018.12 in restitution
to his victims.
months after judgment was entered against him, Smith wanted
to have the property that was seized by law enforcement
during their investigation returned to him. But he wasn't
sure what exactly had been collected as evidence, so he moved
for the production of an item manifest. The United States
did not oppose the request-although it pointed out Smith had
abandoned his right to the seized property in the plea
agreement-and provided two overlapping lists of items that
had been seized during the investigation.
now moves for the return of specific items on those lists.
One group of requested items, which Smith characterizes as
the “intellectual property” group contains: (1) a
Panasonic Luminex digital camera; (2) a Sprint Touch Phone;
(3) three iPods; (4) a 2 gigabyte thumb drive; (5) some
CD-ROMs; (6) a Toshiba laptop computer; (7) some notebooks;
and (8) “misc. property.” He claims that these items
contain albums, lyrics, promotional pictures, music videos,
and other media related to his musical endeavors and that
they are priceless.
group characterized as “personal property”
contains: (1) one envelope with $113 cash; (2) three keys on
a key ring; (3) a Samsung charger; (4) an envelope with $4.80
cash; (5) one Samsung-Sprint phone; (6) two “UMC
bills”; (7) 13 videogames for the XBOX 360 or
PlayStation 2 gaming consoles; (8) two unspecified
“games”; (9) “misc. papers”; (10)
“misc. bus. cards”; (11) two PlayStation 2 gaming
controllers; and (12) two PlayStation 2 gaming consoles.
United States responds that it “does not have
possession of each and every item included in Defendant's
motion.” But it addresses a myriad of items that it
does have. The government has no objection to returning the
keys on the key ring, Samsung charger, Samsung Sprint phone,
CD-ROMs, Toshiba laptop computer, notebooks, and “misc.
property.” But it objects to the return “of any
and all game consoles[, ] game console controllers, games,
and” cash because they are all likely contraband stolen
from the GameStop stores. In reply, Smith abandons his desire for
the government's objected-to items, accepts the
unobjected-to items, and renews his request for the
good cause appearing IT IS HEREBY ORDERED that Smith's
motion for the return of his personal property [ECF
No. 267] is GRANTED in part and DENIED in part. The
government must mail the following items to Smith's
mother, Mrs. Cremelia Scott, at 4121 Karma Drive, N. Las
Vegas, NV 89032:
• 3 keys on a key ring;
• Samsung charger;
• Samsung-Sprint phone;
• Toshiba laptop computer;
• “Misc. property” as identified in the item
manifests in ...