U.S. Department of Justice Barry R. Grissom United States Aomey Disirict of Kansas Kansas City Office Wichita Office 500 State Avenue 1200 Epic Center Suite 360) 30LN. Main Kansas City, Kansas 66101-2433 Wichita, Kansas 67202-4812 TEL: (913) 351-6730 Topeka OMfce FAX: (913) 351-6541 4444 SE Quincy Suite 290 92 Topeke, Kansas 66683: August 25, 2015 Guy Neighbors 1309 Sunchase Dr. Lawrence, KS. 66044 Via Email Dear Mr. Neighbors: Now that all litigation in United States v. Carrie Neighbors is concluded and the case against yourself has been dismissed, the government is able to return to you certain property ized during the search warrants. As I mentioned in documents filed with the Court, you are not entitled to receive any property that was stolen, or that constitutes illegal drugs or drug paraphernalia. [ have attached a copy of the Lawrence Police Department's inventory of the items being held, Property that is highlighted in blue may be returned to you. Property that is highlighted in yellow is contraband and property highlighted in green is stolen property. Stolen property or contraband will not be returned to you. Further, some of the items that may be returned are firearms or ammunition. Itis a violation of federal and state law for certain persons, including those who are an unlawful user of a controlled substance, to possess a firearm, If you are still unlawfully using marijuana or another controlled substance, you are an unlawful user of a controlled substance and it is a violation of both federal and state law for you to receive or possess a firearm or ammunition, Likewise, if you fit any of the other categories of prohibited person under federal or state law, it is illegal for you to possess or receive a firearm or ammunition. If you have any questions regarding your ability to lawfully receive or possess a firearm, you need to consult an attorney. The offer to return any firearm or ammunition does not necessarily give you the lawful ability to possess the firearm or ammunition, and if you are determined to be prohibited person, you may be subject to criminal prosecution in federal and/or state courtAugust 24, 2015 Page 2 If you choose to allow a third party to pick up and dispose of any firearm or ammunition, you will need to provide the Police Department consent to transfer the items to a third party who is not a prohibited person. 1D. Christopher OakleyCase 2:07-cr-20124-CM Document 737 Filed 08/27/15 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ‘ATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) Case No, 07-20124-02-CM GUY NEIGHBORS, ) ) Defendant. ) eee | ORDER In January 2015, this court took Guy Neighbors’s motion for return of property (Doc. 684) under advisement and set the motion for hearing, The court cancelled the hearing when Mr. Neighbors appealed the court’s order. ‘The Tenth Circuit has since dismissed that appeal for lack of jurisdiction In the court’s order on the motion for return of property, the court cited the continuing case of Carrie Neighbors as one reason that all of the seized property could not be returned. (Doc. 707 at 2.) The court believes that the disposition of Mrs. Neighbors’s habeas petition is now final, If this understanding is correct, the government may now take a different position on what property is eligible for return to Mr. Neighbors. In an effort to resolve Mr. Neighbors’s motion for return of property, the court orders the government to file a notice with the court showing the property that has been or will be returned to Mr. Neighbors. ‘The government should file this notice within fourteen days of the date of this order. If Mr. Neighbors objects to the government’s proposed disposition of the property, he may file a response within fourteen days of the date the government files the notice. The response, however, should not address the propriety of the underlying searches or seizures. ‘The court has already determined that such a challenge is not proper in this context.I Case 2:07-cr-20124-CM Document 737 Filed 08/27/15 Page 2 of 2 IT IS THEREFORE ORDERED that within fourteen days of the date of this order, the government must file a notice showing the property that has been or will be returned to Mr. Neighbors. IT IS FURTHER ORDERED that within fourteen days of the date the government files the notice, Mr. Neighbors may file a response, without addressing the propriety of the searches or seizures. Dated this 27th day of August, 2015, at Kansas City, Kansas. s/ Carlos Murguia CARLOS MURGUIA United States Distriet JudgeCase 2:07-cr-20124-CM Document 738 Filed 08/27/15 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS. UNITED STATES OF AMERICA, ) ) Plaintitt, ) ) ’ ) ) Case No. 07-20124-02-CM. GUY NEIGHBORS, ) ) Defendant. ) eee) ORDER ‘This closed criminal case is before the court on Guy Neighbors’s Memorandum in Support of Motion for Summary Judgment (Doc. 736), which the court construes liberally as a motion for summary judgment. In this motion, Mr, Neighbors again raises the issue of the court’s jurisdiction. Mr. Neighbors’s jurisdictional challenge is not a proper basis for summary judgment in the criminal case against him—a case that was dismissed in May 2014, Indeed, a summary judgment motion is a civil motion; not a criminal motion, See Fed. R. Civ. P. 56; Fed. R. Civ. P. 1; Fed. R. Crim. P. 1. Mr. Neighbors is not entitled to relief, IT IS THEREFORE ORDERED that the motion for summary judgment (Doe. 736) is denied. Dated this 27th day of August, 2015, at Kansas City, Kansas. s/ Carlos Murguia CARLOS MURGUIA United States District JudgeCase 2:07-cr-20124-CM Document 739 Filed 09/03/15 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, _) Plaintiff, : vs. } No. 07-20124-CM GUY 8, NEIGHBORS, ) Defendant. UNITED STATES’ NOTICE REGARDING STATUS OF PROPERTY. AND MOTION FOR ORDER ‘The United States of America, by and through D. Cl istopher Oakley, Assistant United States Attorney, provides this report in response to the court’s Order ditecting the government to file a notice showing the property that has ot will be returned to Mr. Neighbors (Doc. 737, filed 8/27/15). Vurther, the government requests the Court issue an order authorizing the Lawrence Police Department to dispose of the remaining property consistent with state law and the Department's internal policies. Status of Seized Property "The government previously indicated that it would return certain property to the defendant following the conclusion of co-defendant Carrie Neighbor's appeal. (See United States Designation of Property Related to Defendant's Motion for Return of Property,Case 2:07-cr-20124-CM Document 739 Filed 09/03/15 Page 3 of 4 contraband shall be destroyed, except that any such articles the disposition of which is otherwise provided by law shall be dealt with as so provided and any such articles the disposition of which is not otherwise provided of law and which may be capable of innocent use may in the discretion of the court be sold and the proceeds disposed of as provided in subsection (c)(3). ‘Therefore, the government requests that any remaining property in the custody of the Lawrence Police Department which is not able to be returned the defendant be disposed of consistent with State law and the Department's internal policies. Respectfully submitted, BARRY R. GRISSOM United States Attorney hhristopher Oakk D. Christopher Oakley, #19248 Assistant United States Attorney 500 State Avenue, Suite 360 Kansas City, Kansas 66101 Telephone: 913-551-6730 Fax: 913-551-6541 Email: chris.oakley@usdoj.gov ELECTRONICALLY FILED Attorneys for Plaintiff