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United States of America v. Jess Vernon Brasier

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 9, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JESS VERNON BRASIER,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Edmund F. Brennan

ORDER RE RETURN OF PROPERTY

On March 8, 2011, the Court heard defendant's motion under Federal Rule of Criminal Procedure 41 for return of property. His motion seeks the immediate return of personal property seized during searches of his property in Oroville by the Drug Enforcement Administration and the Butte County Sheriff on September 16, 2008, and October 28, 2008. Defendant is presently serving a five year sentence imposed on January 20, 2010, and all charges against him have been resolved. This order memorializes the Court's rulings on defendant's motion.

At the hearing, the court GRANTED defendant's motion and ordered that the following property be immediately returned to defendant's wife, Deborah Ann Brasier:

1. A 1996 Ford pickup truck, lic. no. 3289 MDP.

2. A Wells Cargo trailer, lic. no. 4FE8376.

3. 13 firearms, including:

a. A Colt model 90, serial no. NP 05808 (9 mm.);

b. A Glock model 19, serial no. KWV099 (9 mm.);

c. Smith & Wesson serial no. 113244 (.32);

d. Smith & Wesson model 6 no. 555 (.38);

e. Rohm GMBH model 63, serial no. 130967 (.22);

f. Marlin model 28, serial no. 9469 (.12 gauge);

g. Winchester model 1894, serial no. 627942 (30-30);

h. 55 Higgins model 30, serial no. 2552429 (.22);

i. Glenfield model 20, serial no. 71315067 (.22);

j. Remington model 572, serial no. 1626906 (.22);

k. Connecticut Valley Arms serial no. 0058918 (.50);

l. Springfield M1, serial no. 5320356;

m. Wards Western Field .22 rifle, no serial no.

4. A DVR, serial no. T330 1915;

5. Three CDs containing family photos or videos, labeled "Sand Mountain 5/08," and "Jason's birthday."

6. A Sony Cybershot camera, serial no. 6894829;

7. Sony Handycam Camcorder, serial no. 1076611;

8. NetGear Range Max wireless router, serial no. 18R47A7P14S;

9. Dell Precision 330 CPU (computer tower) serial no. J7FXL01;

10. A Motorola Razor cell phone;

11. Ammunition seized from the house.

At the request of counsel for the United States, the court made two additional orders regarding the above property.

First, any item that is found to contain images of sexually explicit conduct involving minors (defined at 18 U.S.C. § 2256) shall be returned with those images removed.

Second, Deborah Ann Brasier shall submit a declaration detailing her disposition of each of the above-listed firearms and the ammunition. She shall also submit receipts from the purchaser of any firearm or a statement signed by any other person to whom a firearm or ammunition is transferred. Mrs. Brasier shall file her declaration on or before September 8, 2011.

IT IS SO ORDERED.

20110309

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