United States of America v. 2005 Honda Accord

Filing 8

ORDER granting 7 Motion for Default Judgment; granting 7 Motion for Entry of Judgment; entered 7 Motion for Forfeiture of Property. Signed by District Judge Martin Reidinger on 06/19/13. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13cv19

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
vs.
)
2005 HONDA ACCORD,
)
VIN: JHMCM56765C004450,
)
)
Defendant.
)
_______________________________ _________ )
DEFAULT JUDGMENT OF FORFEITURE
THIS MATTER is before the Court on the Plaintiff’s Motion for Default
Judgment, Entry of Judgment and Final Order of Forfeiture [Doc. 7].
The Plaintiff initiated this action for civil in rem forfeiture on January
24, 2013. [Doc. 1]. In the Verified Complaint for Forfeiture in Rem, it is
alleged that on February 5, 2012 North Carolina State Trooper Christopher
Morgan stopped a 2005 Honda Accord within Buncombe County, North
Carolina for the traffic offense of following too closely. [Id. at 2]. The 2005
Honda

Accord

had

a

Vehicle

Identification

Number

of

JHMCM56765C004450 and was titled and registered in the State of New
Mexico to Blas Gama-Ramos (Gama-Ramos). [Id.]. The vehicle was at

the time being driven by Stephanie Elizabeth Henry (Henry) who
possessed a South Carolina driver’s license. [Id. at 3]. Henry declined
Trooper Morgan’s request for permission to search the vehicle.

[Id.].

Thereafter, North Carolina State Trooper William Blanton arrived at the
scene with his K9 Bodie. [Id.]. Bodie alerted to the odor of narcotics at the
passenger side door of the vehicle. [Id.]. After this alert, the troopers
searched the Honda and found a hidden compartment in the dash thereof.
[Id.]. This compartment contained five bundles of black tar heroin having a
total weight of 1.5 kilograms. [Id.].
In the Complaint, it is alleged that the vehicle is the proceeds of
controlled substances and/or has been used to transport controlled
substances and/or to facilitate the commission of drug trafficking crimes.
[Id. at 3]. It is thus subject to forfeiture to the United States. 21 U.S.C.
§881; 18 U.S.C. §981. It is also alleged in the Complaint that Henry and
Gama-Ramos are individuals who may possibly have claims to the vehicle.
[Id. at 4].
The Government has shown that it sent personal notice to Henry and
Gama-Ramos by certified mail, return receipt requested pursuant to Rule
G(4)(b)(i) of the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions. [Doc. 5-1; Doc. 5-2]. The United States Postal
2

Service was unable to deliver the packages and the Government’s
attempts to locate the current addresses for Henry and Gama-Ramos were
unsuccessful. [Doc. 5-3]. The Government therefore provided notice by
publication

on

the

official

internet

government

forfeiture

site,

www.forfeiture.gov, for at least thirty consecutive days pursuant to Rule
G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims
and Asset Forfeiture Actions. [Doc. 4].
Neither Henry nor Gama-Ramos has filed an Answer or Verified
Claim. On May 30, 2013, the Government’s motion for entry of default was
granted and the Clerk of Court entered default. [Doc. 5; Doc. 6]. The
Government now moves for default judgment.
No individual or entity has made any appearance in this matter. The
Court finds that the allegations of the Complaint and the supplemental
filings establish that the 2005 Honda Accord is subject to forfeiture.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that
the Plaintiff’s Motion for Default Judgment, Entry of Judgment and Final
Order of Forfeiture [Doc. 7] is hereby GRANTED and Judgment of
Forfeiture is hereby ENTERED in favor of the United States of America and
against the 2005 Honda Accord, VIN: JHMCM56765C004450.

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Signed: June 19, 2013

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