USA v. 11 Firearms et al

Filing 13

DEFAULT AND FINAL ORDER OF FORFEITURE re: 12 Motion for Default Judgment By Judge Philip A. Brimmer on 12/7/11.(pabcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-01684-PAB-MEH
UNITED STATES OF AMERICA,
Plaintiff,
v.
11 FIREARMS and
1620 ROUNDS OF AMMUNITION,
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 [Docket No. 12] as to defendant property. The Court having
reviewed said Motion finds that:
The United States commenced this action in rem pursuant to 18 U.S.C. § 924(d).
All known interested parties have been provided an opportunity to respond, and
publication has been effected as required by Rule G(4) of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions.
After notice, no parties have filed a Claim or Answer as to defendant property as
required by Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions.
Entry of Default was entered by the Clerk of the Court on November 23, 2011
[Docket No. 11].

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 18 U.S.C. § 924(d).
The facts and verifications as set forth in the Verified Complaint provide probable
cause by a preponderance of the evidence for a final Judgment and Order of Forfeiture
as to defendant property.
The Clerk of Court shall be directed to enter Judgment as to all of the defendant
property.
NOW, THEREFORE, IT IS ORDERED that
Default and forfeiture of the following defendant property, including all right, title,
and interest, is hereby entered in favor of the United States:
a. Aguirre Y Aranzabal double barrel 12 gauge shotgun, SN: 264880;
b. Ruger, Model Mark I, .22 caliber pistol, SN: 10-49957;
c. Winchester Model 94, 30-30 rifle SN: 3424696;
d. Sears and Roebuck Model 41, .22 caliber rifle;
e. Ruger Model M-77 rifle, .270 caliber, SN:75-87572;
f. Mossberg Model 183D, .410 gauge bolt action shotgun, SN: none;
g. Winchester Model 52, .22 caliber bolt action rifle, SN: 42300A;
h. Winchester 290 rifle, .22 caliber, SN: 781880;
i. Rifle unknown manufacture/model/caliber, SN: 463062;

2

j. Winchester Model 1894 rifle, .25 caliber, SN: 347182;
k. Taurus .38 special revolver, SN: 926812; and
l. 1620 rounds of ammunition.
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 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.

DATED December 7, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

3