Post details: N.D.Ga.: Defendant cannot show standing merely by relying on the government’s theory of the case

04/10/13

Permalink 07:30:32 am, by fourth, 292 words, 525 views   English (US)
Categories: General

N.D.Ga.: Defendant cannot show standing merely by relying on the government’s theory of the case

Defendant cannot show standing merely by relying on the government’s theory of the case. Defendant failed to show standing by some clothes in the closet that the government thought were his. The place was rented by him but subrented to somebody else. United States v. Henry, 2013 U.S. Dist. LEXIS 50324 (N.D. Ga. January 30, 2013):

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While the Eleventh Circuit has allowed a defendant to rely on testimony or an inventory prepared by the government identifying property as belonging to the defendant, United States v. Eyster, 948 F.2d 1196, 1209 (11th Cr. 1991), a defendant may not establish standing by relying on the government's theory of the case. United States v. Singleton, 987 F.2d 1444, 1449 (9th Cir. 1993); United States v. McNeal, 82 F. Supp. 2d 945, 950 (S.D. Ind. 2000); see also United States v. Thompson, 171 Fed. Appx. 823, 828 (11th Cir. Mar. 27, 2006) (concluding that motion to suppress relying on government contention that room was rented by defendant was insufficient to demonstrate standing to warrant an evidentiary hearing); United States v. Henry, No. 1:09-cr-522-1-TCB-GGB, 2010 WL 5559207, *4 (N.D. Ga. Dec. 7, 2010) (R&R adopted by 2011 WL 65762 (N.D. Ga. Jan. 7, 2011)) ("The Government correctly contends that Defendant cannot show standing simply through the contentions of Government agents or the theory of the Government's case.") (citing United States v. Zermeno, 66 F.3d 1058, 1062 (9th Cir. 1995)). Also, a defendant cannot rely on general or conclusory assertions to establish standing. United States v. Cooper, 203 F.3d 1279, 1284 (11th Cir. 2000); see also United States v. Mendoza, 438 F.3d 792, 795 (7th Cir. 2006) (holding that offer of conclusory statements was insufficient to establish standing); United States v. Silouangkhoth, No. 2:10-cr-821, 2011 WL 1549427, *2 (D. Utah Apr. 21, 2011) (finding that defendant did not establish standing where he made "a conclusory allegation that he has [ ] an interest in, or control over, the property").

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