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United States v. McGarity

United States District Court, W.D. Texas, San Antonio Division

April 1, 2019

UNITED STATES OF AMERICA
v.
GLENN RAY MCGARITY

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          XAVIER RODRIGUEZ UNITED STATES DISTRICT JUDGE

         On 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 by jury.

         After 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.

         The 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.

         The Court makes the following findings of fact:

         1. 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 homicide.[1]

         2. On May 25, 2018, the Defendant drove to a residence located on Pebble Breeze, existed the vehicle and entered that residence.[2] After the Defendant exited the residence and headed to his vehicle, he was intercepted and arrested.

         3. Law 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.

         4. At some point the doors to the Jeep Cherokee were opened. The evidence technician took various photographs of the vehicle's exterior and interior.

         5. The 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.[3]

         6. Later that evening, Det. Morales prepared an affidavit for a search warrant seeking a search of the vehicle.[4]

         7. Two 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.[5]

         8. 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.[6]

         9. On August 11, 2005, the Defendant was convicted of aggravated kidnapping and sentenced to ten years of imprisonment.[7] On that date he also received a second sentence for ...


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