United States of America v. Real Property and Improvements Located at 941 East Highway 20, Upper Lake, California et al

Filing 86

ORDER by Judge Marilyn Hall Patel GRANTING plaintiff's 83 Motion for Summary Judgment and Forfeiture AND ORDERING that defendant real property located at 941 and 975 East Highway 20, Upper Lake, CA is hereby forfeited to plaintiff United States. (awb, COURT STAFF) (Filed on 9/7/2010)

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United States of America v. Real Property and Improvements Located at ...pper Lake, California et al Doc. 86 1 2 3 4 5 6 7 8 JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division PATRICIA J. KENNEY (CSBN 130238) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102 Telephone: 415.436.6857 Facsimile: 415.436.6748 Email: patricia.kenney@usdoj.gov Attorneys for United States of America 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 19 Defendants. 20 21 22 23 24 25 26 27 28 CHARLES E. LEPP AND LINDA SENTI, Claimants. v. REAL PROPERTY AND IMPROVEMENTS LOCATED AT 941 EAST HIGHWAY 20, UPPER LAKE, CA, AND 975 EAST HIGHWAY 20, UPPER LAKE, CA, ET AL., UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 04-5401 MHP ORDER GRANTING THE MOTION FOR SUMMARY JUDGMENT Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UPON CONSIDERATION of the motion for summary judgment of the United States, claimant Lepp's opposition, and the entire record, it is by the Court on this 7th of September , 2009 * day ORDERED that the motion be, and hereby is, GRANTED, because there are no material factual disputes requiring a trial and defendant Real Property and Improvements Located at 941 and 975 East Highway 20, Upper Lake, California was used in a large scale marijuana cultivation operation to grow somewhere between 24,784 and 32,000 marijuana plants; and it is further ORDERED that defendant Real Property and Improvements Located at 941 and 975 East Highway 20, Upper Lake, California be, and hereby is, FORFEITED to the United States. S S DISTRICT TE C TA RT U O UNIT ED ER N F D IS T IC T O R * and the Court having issued an order finding Charles Edward Lepp competent said order being filed in CR 04-00317 MHP. Order Re: Summary Judgment No. C 04-5401 MHP 2 A C LI FO arilyn H Judge M . Pat R NIA O HONORABLE MARILYN O IT IS S HALL PATEL United States District Judge el NO D RDERE RT H

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