DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
SAMUEL ELIAS PENA COLUMNA, 
 
Defendant. 
 
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Case No. 3:19-cr-0065 
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ORDER 
 
BEFORE THE COURT is United States’ motion for transfer of evidence. (ECF No. 357.) 
In its motion, the United States requests that all physical evidence admitted into evidence 
during the jury trial in this matter be designated as sensitive exhibits under Local Rule of 
Civil Procedure 39.1(b). Id. The United States further requests the return of such evidence to 
the custody of the Federal Bureau of Investigation (“FBI”) in order to “protect the evidence 
not only for purposes of appeal, but potentially for use in another prosecution… .”Id. at 2.1 
Under Local Rule of Civil Procedure 39.1(b), “[s]ensitive exhibits, after submission 
into evidence, shall remain in the custody of the proponent or the appropriate agency during 
the trial of the case and for any appeal period thereafter. Such evidence includes, without 
limitation, narcotics, weapons, currency, and any other evidence designated by the Court as 
sensitive.” LRCi 39.1(b). The Court finds that the requested exhibits are sensitive exhibits 
under Rule 39.1(b), and thus should be returned to United States custody.  
The premises considered, it is hereby 
 
1 Specifically, the United States seeks the return of Exhibit No. 5, “Agent Spruill’s Tactical Vest”; Exhibit No. 32, 
“Autozone Receipt”; Exhibit No. 33, “Vehicle Registration”; Exhibit No. 34, “Glock style pistol, serial no. 
BGCZ408”; Exhibit No. 35, “AR style pistol, green in color, serial no. none”; and Exhibit No. 36, “Shell casings, 5 
.40 caliber and 1 .223.” Id. at 2.  
Case: 3:19-cr-00065-RAM-RM   Document #: 365   Filed: 10/26/22   Page 1 of 2
United States v. Columna 
Case No.: 3:19-cr-0065 
Order 
Page 2 of 2 
 
ORDERED the United States’ motion for transfer of evidence, ECF No. 357, is 
GRANTED; and it is further 
ORDERED that the exhibits as specified in the United States’ motion SHALL be 
designated as sensitive exhibits and returned to the custody of the United States.  
 
Dated: October 26, 2022 
 
/s/ Robert A. Molloy  
    
 
 
  
 
 
 
 
ROBERT A. MOLLOY 
 
 
 
 
 
 
 
Chief Judge 
Case: 3:19-cr-00065-RAM-RM   Document #: 365   Filed: 10/26/22   Page 2 of 2