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United States v. Hendrix

United States District Court, W.D. Washington, Seattle

December 17, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES J. HENDRIX, Defendant.

          ORDER DENYING MOTION TO DISMISS

          JAMES L. ROBART, UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Before the court is Defendant James J. Hendrix's motion to dismiss counts 1, 2, and 4 of the superseding indictment or, in the alternative, to exclude evidence or provide a jury instruction for failure to preserve evidence. (Mot. (Dkt. # 153).) Plaintiff United States of America (“the Government”) filed an opposition. (Resp. (Dkt. # 167).) The court has considered the parties' submissions, the relevant portions of the record, and the applicable law. Being fully advised, the court DENIES Mr. Hendrix's motion.

         II. BACKGROUND

         On June 21, 2018, officers from the Seattle Police Department (“SPD”) arrested Mr. Hendrix in the parking lot of an auto repair shop. (See Def. Tr. Br. (Dkt. # 128) at 2.) SPD officers found Mr. Hendrix on scene standing next to the open driver's side door of a U-Haul. (See id.) After the officers on scene located a shotgun under the driver's seat of the U-Haul, they arrested Mr. Hendrix. (See Id. at 2-3.) The SPD impounded the U-Haul and obtained a warrant to search it. (See Gov't Tr. Br. (Dkt. # 106) at 6.) During the search, the SPD located the following items of interest:

1) a Mossberg, model 500A, 12 gauge shotgun;
2) a Smith and Wesson, model M&P 40 Shield .40 S&W caliber pistol;
3) a bag containing a white crystalline substance that a forensic chemist at the DEA laboratory analyzed and concluded was 271.3 grams of pure methamphetamine;
4) a packet of green cellophane containing a wallet with the Defendant's identification, currency, a condom, pens, keys, a ring; foil with drug residue; identification in the name of R.N.; and a series of receipts addressed to “Jimi Hendrix”;
5) a police scanner and a walkie-talkie;
6) documents, including drug ledgers and a handwritten notice transferring ownership of a BMW;
7) various pieces of identification for other individuals, including a wallet with several pieces of identification for Mr. Hendrix;
8) a backpack containing a scale with drug residue;
9) a scale on the dashboard;
10) a holster on the passenger side of the ...

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