United States District Court, W.D. Texas, San Antonio Division
FINDINGS OF FACT AND CONCLUSIONS OF LAW
RODRIGUEZ UNITED STATES DISTRICT JUDGE
April 1, 2019, the Court held a bench trial in the
above-captioned cause. Defendant GLENN RAY
MCGARITY was present and represented by counsel.
Prior to the bench trial the Defendant indicated that he
understood his rights and knowingly waived his right to trial
hearing the evidence, the Court has determined that Defendant
is guilty beyond a reasonable doubt of violating 18 U.S.C.
§ 922(g)(1) (felon in possession of a firearm) and 18
U.S.C. § 472 (possessing counterfeit obligations). In
accordance with Federal Rule of Criminal Procedure 23(c), the
Court enters these Findings of Fact and Conclusions of Law
with respect to the Defendant.
Defendant was charged in an indictment with violating 18
U.S.C. § 922(g)(1) (felon in possession of a firearm)
and 18 U.S.C. § 472 (possessing counterfeit
obligations). The indictment alleges that on or about May 25,
2018, the Defendant was in possession of a 5.56 mm pistol and
a 9 mm pistol, both of which had been shipped or transported
in interstate and/or foreign commerce and that the Defendant
had been previously convicted of a crime punishable by
imprisonment for a term exceeding one year. The indictment
further alleged that on or about May 25, 2018, the Defendant
was in possession of forged or counterfeited Federal Reserve
Notes, which the Defendant knew to be falsely made, forged,
counterfeited and/or altered.
Court makes the following findings of fact:
Prior to May 25, 2018, the Defendant was being sought by the
Lone Star Fugitive Task Force for various arrest warrants. In
addition, he was suspected of being involved in a
May 25, 2018, the Defendant drove to a residence located on
Pebble Breeze, existed the vehicle and entered that
residence. After the Defendant exited the residence
and headed to his vehicle, he was intercepted and arrested.
enforcement officers peeked into the windows of the Jeep
Cherokee and saw a large amount of money in the front seat
console, a long rifle on the on the passenger side
floorboard, and what appeared to be narcotics in the
back-seat area, behind the driver seat.
some point the doors to the Jeep Cherokee were opened. The
evidence technician took various photographs of the
vehicle's exterior and interior.
vehicle was later impounded and towed to the pound. The
Defendant was taken to a police station, where he was
interviewed by Det. Mark Morales. The Defendant was given his
Miranda warnings and admitted that he had been
sleeping inside the vehicle for a couple of days and was the
driver of the vehicle.
Later that evening, Det. Morales prepared an affidavit for a
search warrant seeking a search of the vehicle.
of the weapons found in the Defendant's vehicle (a Keltac
5.56 semi-automatic pistol and a 9 mm Beretta) were firearms
as defined in 18 U.S.C. § 921 and were manufactured
outside the state of Texas.
Inside the Defendant's vehicle law enforcement officers
found 151 counterfeit federal reserve notes. The counterfeit
notes lacked color shifting ink, watermarks and security
threads found in genuine Federal Reserve Notes.
August 11, 2005, the Defendant was convicted of aggravated
kidnapping and sentenced to ten years of
imprisonment. On that date he also received a second
sentence for ...