United States of America v. 13 Firearms et al

Filing 20

CONSENT JUDGMENT OF FORFEITURE by Judge Otis D Wright, II: The United States of America shall have judgment as to the following: (1) one Colt model AR-15 SP1,.223 caliber semiautomatic rifle, bearing serial number SP168950; (2) oneHarrington & Richar dson model Young America,.22 caliber revolver, bearing serial number 469834; (3) one thousand (1000) rounds of.22 caliber ammunition with headstamps "F" manufactured by the Federal Cartridge Company; (4) six hundred (600) rounds of.22 calib er ammunition with headstamps "Rem" manufactured by the Remington Arms Company; and (5) one hundred fifty (150) rounds of.22 caliber ammunition with headstamps "C" manufactured byCCI/Speer. All other defendants shall be returned b y the United States Bureau of Alcohol, Tobacco, Firearms and Explosives to Claimant James Bixenman not later than 45 days from the date of the entry of this judgment. Claimant hereby releases the United States of America, its agencies, agents, and of ficers, including employees and agents of ATF, from any and all claims, actions or liabilities arising out of or related to this action, including,without limitation, any claim for attorneys fees, costs or interest which may be asserted on behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise.( MD JS-6. Case Terminated ) (lc)

1
2
3
4
5
6
7
8
9

ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
JENNIFER M. RESNIK
Assistant United States Attorney
Asset Forfeiture Section
(Cal. State Bar # 233634)
1400 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

JS-6

10
11

Attorneys for Plaintiff
UNITED STATES OF AMERICA

12
UNITED STATES DISTRICT COURT
13
FOR THE CENTRAL DISTRICT OF CALIFORNIA
14
UNITED STATES OF AMERICA,
15
16
17
18
19
20
21
22
23
24

)
)
Plaintiff,
)
)
v.
)
)
13 FIREARMS AND 2,212 ROUNDS )
OF ASSORTED AMMUNITION,
)
)
)
Defendants.
)
)
)
)
JAMES BIXENMAN,
)
)
Claimant.
)
)

CV 11-02527-ODW (SSx)

CONSENT JUDGMENT OF FORFEITURE

This action was filed on March 25, 2011.

Notice was given

25

and published in accordance with law.

Claimant James Bixenman

26

(“Claimant”) filed the only claim to defendant 13 firearms and

27

2,212 rounds of ammunition.

28

answers have been filed, and the time for filing such statements

No other statements of interest or

of interest and answers has expired.

Plaintiff and Claimant have

1

reached an agreement that is dispositive of the action.

2

parties hereby request that the Court enter this Consent Judgment

3

of Forfeiture.

4

The

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

5

A.

This Court has jurisdiction over this action

6

pursuant to 28 U.S.C. §§ 1345 and 1355 and over the parties

7

hereto.

8
9

B.

The Complaint for Forfeiture states a claim for

relief pursuant to

10

C.

18 U.S.C. § 924(d).

Notice of this action has been given in accordance

11

with law.

12

2,212 rounds of ammunition (collectively, “defendants” and

13

described more specifically in the Complaint) other than Claimant

14

are deemed to have admitted the allegations of the Complaint.

15

The allegations set out in the Complaint are sufficient to

16

establish a basis for forfeiture.

17

All potential claimants to defendant 13 firearms and

D.

The United States of America shall have judgment

18

as to the following: (1) one Colt model AR-15 SP1, .223 caliber

19

semiautomatic rifle, bearing serial number SP168950; (2) one

20

Harrington & Richardson model Young America, .22 caliber

21

revolver, bearing serial number 469834; (3) one thousand (1000)

22

rounds of .22 caliber ammunition with headstamps "F" manufactured

23

by the Federal Cartridge Company; (4) six hundred (600) rounds of

24

.22 caliber ammunition with headstamps "Rem" manufactured by the

25

Remington Arms Company; and (5) one hundred fifty (150) rounds of

26

.22 caliber ammunition with headstamps "C" manufactured by

27

CCI/Speer.

28

E.

All other defendants shall be returned by the
2

1

United States Bureau of Alcohol, Tobacco, Firearms and Explosives

2

(“ATF”) to Claimant not later than forty-five (45) days from the

3

date of the entry of this judgment.

4

F.

Claimant hereby releases the United States of

5

America, its agencies, agents, and officers, including employees

6

and agents of ATF, from any and all claims, actions or

7

liabilities arising out of or related to this action, including,

8

without limitation, any claim for attorney’s fees, costs or

9

interest which may be asserted on behalf of the claimant, whether

10

pursuant to 28 U.S.C. § 2465 or otherwise.

11

///

12

///

13

///

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

1

G.

The court finds that there was reasonable cause

2

for the seizure of the defendants and institution of these

3

proceedings.

4

of reasonable cause pursuant to 28 U.S.C. § 2465.

This judgment shall be construed as a certificate

5
6
7
8

Dated: September 21, 2011
________________________________
THE HONORABLE OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4