USA v. 8 Firearms
Filing
12
DEFAULT AND FINAL ORDER OF FORFEITURE. The 11 United States' Motion for Default and Final Order of Forfeiture is GRANTED. Default and forfeiture of the following defendant property, including all right, title, and interest is hereby entered in favor of the United States: FIREARMS. The United States shall have full and legal title as to defendant property and may dispose of said property in accordance with law. This Default and Final Order of Forfeiture shall serve as a Certificate of Reasonable Cause as to as to all defendant property under 28 U.S.C. § 2465. The Clerk of Court is directed to enter Judgment as to all of the defendant property, by Judge Marcia S. Krieger on 07/28/2011.(wjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 10-cv-02978-MSK-MEH
UNITED STATES OF AMERICA,
Plaintiff,
v.
8 FIREARMS,
Defendants.
DEFAULT AND FINAL ORDER OF FORFEITURE
THIS MATTER comes before the Court on the United States' Motion for Default and
Final Order of Forfeiture #11) filed May 5, 2011, as to defendant property, the Court having
reviewed said Motion FINDS:
THAT the United States commenced this action in rem pursuant to 21 U.S.C. § 881;
THAT all known interested parties have been provided an opportunity to respond and
that
publication has been effected as required by Rule G(4) of the Supplemental Rules for Admiralty
or Maritime Claims and Asset Forfeiture Actions;
THAT after notice, there have been no Claims or Answers filed in this matter as to
defendant property as required by Rule G(5) of the Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions;
THAT Entry of Default was entered by the Clerk of the Court on April 29, 2011
(Document 10);
THAT based upon the facts and verification set forth in the Verified Complaint, it
appears by a preponderance of the evidence that there was reasonable cause for the seizure of all
of the defendant property and a Certificate of Reasonable Cause is granted pursuant to 28 U.S.C.
§ 2465.
It further appears that there is cause to issue a forfeiture order under 21 U.S.C.§ 881;
THAT the facts and verifications as set forth in the Verified Complaint provide probable
cause and an ample basis by a preponderance of the evidence for a final Judgment and Order of
Forfeiture of as to defendant property;
THAT the Clerk of Court shall be directed to enter Judgment as to all of the defendant
property;
NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED:
THAT the Motion is GRANTED. Default and forfeiture of the following defendant
property, including all right, title, and interest is hereby entered in favor of the United States: 8
FIREARMS
THAT the United States shall have full and legal title as to defendant property and may
dispose of said property in accordance with law;
THAT this Default and Final Order of Forfeiture shall serve as a Certificate of
Reasonable Cause as to as to all defendant property under 28 U.S.C. § 2465; and
THAT the Clerk of Court is directed to enter Judgment as to all of the defendant
property.
DATED this 28th day of July, 2011.
BY THE COURT:
Marcia S. Krieger
United States District Judge
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