United States of America v. Firearm SR9C 9mm Pistol, SN: 33666008 et al

Filing 15

STIPULATED CONSENT JUDGMENT AND FINAL ORDER OF FORFEITURE AS TO ALL DEFENDANTS IN REM. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,

Civil No. 17-cv-13491
Hon. Matthew F. Leitman

v.
RUGER SR9C 9MM PISTOL SN: 33666008;
BUSHMASTER XM15-E2S .223 CALIBER
RIFLE, SN: BK5005065; AND 2013 NISSAN
INFINITI QX56, VIN: JN8AZ2NE2D9060314;
Defendants in Rem.
__________________________________________________________________/
STIPULATED CONSENT JUDGMENT AND FINAL ORDER OF
FORFEITURE AS TO ALL DEFENDANTS IN REM
On or about October 27, 2017, Plaintiff, the United States of America, filed a
Complaint for Forfeiture (Docket # 1) against the following defendants in rem:
1. The Defendants in rem consist of the following:
a) 2013 Nissan Infiniti QX56, VIN: JN8AZ2NE2D9060314;
b) Ruger SR9C 9mm Pistol SN: 33666008 and 13 rounds of 9 mm
ammunition with magazine;
c) Bushmaster XM15-E2S .223 Caliber E2S .223 Rifle, SN: BK5005065;
(items a) through c) collectively referred to as “Defendant Personal
Property”).

2.

Notice of Civil Forfeiture was posted on the official government
internet site (www.forfeiture.gov) beginning October 28, 2017.

3.

Claimant, Tamika Roshell, filed a Notice of Claim for 2013 Nissan
Infiniti QX56 VIN: JN8AZ2NE2D9060314 on November 16, 2017
(Docket #9).

4.

Claimant, Tamika Roshell, filed a Notice of Claim for Bushmaster
XM15-E2S .223 Caliber Rifle SN: BK5005065 on November 16, 2017
(Docket #10).

5.

Claimant, Tamika Roshell, filed a Notice of Claim for Ruger SR9C 9
mm Pistol SN: 33666008 on November 16, 2017 (Docket #11).

6.

Claimant, Tamika Roshell, filed an Answer to the Complaint on
November 16, 2017 (Docket #12).

7.

Notice by publication was completed in this case on December 27,
2017, and a Declaration of Publication was entered with the Court on
December 28, 2017. (Docket #14.)

8.

Plaintiff, the United States of America, and Claimant, individually and

by and through her attorney, Clint W. Perryman, (“the parties”) wish to resolve this
matter without further litigation and expense.
NOW THEREFORE, IT IS STIPULATED by and between the parties as
follows:

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1) This action is a civil in rem forfeiture action brought pursuant to 21 U.S.C.
§ 881.
2) This Court has jurisdiction and venue over this action pursuant to 28
U.S.C. §§ 1345, 1355, 1391, and 1395.
3) The allegations of the Complaint for Forfeiture are well taken, the United
States and its agents had reasonable cause for seeking forfeiture of the
above-enumerated property as provided in 28 U.S.C. § 2465, the
Government’s position in this action is substantially justified as provided
in 28 U.S.C. § 2412(d)(1)(B), and Claimant shall not claim or seek attorney
fees from the United States under the Civil Asset Forfeiture Reform Act,
the Equal Access to Justice Act, or any other act, statute or regulation.
4) In lieu of forfeiture of the 2013 Nissan Infiniti QX56, VIN:
JN8AZ2NE2D9060314, which shall NOT be forfeited, but shall be
RELEASED to Tamika Roshell, Claimant shall pay $600.00 to the United
States in the form of a certified check or money order made payable to the
United States Marshals Service and delivered to Assistant United States
Attorney Philip Ross. If Claimant has not paid the $600.00 within 60 days
of entry of this Stipulated Consent Judgment, Claimant consents to the
entry of a money judgment in the amount of $600.00 and acknowledges
that the money judgment may be satisfied, to whatever extent possible,

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from any property owned or under the control of the Claimant, including
any assets she has now, or may later acquire.
5) The remaining Defendant Personal Property shall be FORFEITED to the
United States of America pursuant to 21 U.S.C. § 881(1)(6). Further, any
right, title or interest of the Claimant and his successors and assigns, and
any right, title and interest of all other persons in the Defendant Personal
Property together with interest earned, if any, is hereby and forever
EXTINGUISHED, and clear title to said property shall hereby be
VESTED in the United States of America.
6) Upon entry of this order, the United States Marshals Service is
AUTHORIZED to deposit a check for $600 drawn on the bank account
of Claimant’s Counsel and DISPOSE of such property according to law.
7) Claimant hereby knowingly and voluntarily waives any and all right to
reimbursement by the United States of reasonable attorney fees and
litigation costs in connection with this civil forfeiture action under 28
U.S.C. § 2465(b)(1)(A) or any other statute that might conceivable apply.
8) Claimant agrees to release, remise and discharge plaintiff, the United
States of America, and any of its agencies involved in this matter,
including the Drug Enforcement Administration and the United States
Marshals Service, the United States Attorney’s Office, and their agents,

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officers and employees, past and present, from all claims or causes of
action which Claimant and his agents, officers, employees, assignees
and/or successors in interest have, may have had or may have on account
of the events or circumstances giving rise to the above-captioned action.
9) The United States hereby knowingly and voluntarily waives any and all
right to reimbursement by Claimant of reasonable attorney fees and other
costs in connection with civil forfeiture action.
10)

Each of the parties to this Stipulated Consent Judgment has discussed

this settlement with their respective counsel, and fully understands its
terms and conditions and the consequences of entering into it. The parties
agree that each shall bear their own costs in this matter.

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/s/ Philip A. Ross
Philip A. Ross
Assistant United States Attorney
211 W. Fort Street, Suite 2001
Detroit, MI 48226
[phone]
Email: [e-mail]
(VA State Bar #70269)

See attached signature
Clint W. Perryman
Attorney for Defendant
503 South Saginaw Street, Suite 1426
Flint, MI 48502
[phone]
Email: [e-mail]
(P69323)

Date: January 9, 2018

Date: January 3, 2018

See attached signature
Tamika Roshell, Claimant
Date: January 3, 2018
IT IS SO ORDERED.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: January 9, 2018

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