United States of America v. 2008 Chevrolet Impala with Washington License Plate No AGN2822

Filing 26

ORDER Granting 25 the USAO's Motion for Entry of the Final Order of Foregiture (cc: Teresa Birrueta Baltazar via first class mail). Signed by Senior Judge Edward F. Shea. (PL, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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ORDER GRANTING THE USAO’S MOTION
FOR ENTRY OF THE FINAL ORDER OF
FORFEITURE

v.

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CV-13-5035-EFS

Plaintiff,

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No.

UNITED STATES OF AMERICA,

2008 CHEVROLET IMPALA, WASHINGTON
LICENSE PLATE AGN2822, VIN:
2G1WB58K189171597,
Defendant.

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The U.S. Attorney’s Office (USAO) asks the Court to enter a final

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order

and/or

potential

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interests in the 2008 Chevrolet Impala at issue in this case.

The Court

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finds the requested relief appropriate pursuant to 28 U.S.C. §§ 1345,

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1355, and 1395.

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of

forfeiture

as

to

the

Claimants’

claims

On April 22, 2013, the U.S. Marshals Service executed the Warrant

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of Arrest In Rem.

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15, 2013.

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on the official government website beginning March 29 through April 27,

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2013, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for

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Admiralty or Maritime Claims and Asset Forfeiture Actions, as evidenced

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by the Notice of Publication filed on June 14, 2013.

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& 9-2.

The returned warrant was filed with the Court on May

ECF No. 5.

A Notice of Civil Forfeiture Action was posted

ECF Nos. 9, 9-1,

At the latest, the claim period expired on May 28, 2013.

ORDER - 1

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On or about May 15, 2013, the United States served the Notice of

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Complaint for Forfeiture, the Verified Complaint for Forfeiture In Rem,

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and the executed Warrant of Arrest In Rem, via certified mail, return

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receipt requested, upon Homero Sanchez Cruz, in care of his attorney,

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Ricardo Hernandez, as outlined in the Certificate of Service of Notice

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by Mail filed herein.

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certified mail return receipt “green card” for this mailing was received

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by the United States.

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United States filed a Stipulation for Order of Forfeiture, pursuant to

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the terms of his plea agreement, filed in the related Eastern District

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of Washington criminal case, United States v. Homero Sanchez Cruz, Case

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Number: CR-12-6053-EFS-7. Homero Sanchez Cruz agreed in the stipulation

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to the forfeiture of the Defendant vehicle and waived any further

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hearing and notice of the forfeiture.

ECF No. 6 & 6-1.

On or about May 20, 2013, the

On February 4, 2014, Homero Sanchez Cruz and the

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On or about May 15, 2013, the United States served the Notice of

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Complaint for Forfeiture, the Verified Complaint for Forfeiture In Rem,

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and the executed Warrant of Arrest In Rem, via certified mail, return

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receipt requested, upon Teresa Birrueta Baltazar, as outlined in the

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Certificate of Service of Notice by Mail. ECF No. 7 & 7-1.

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May 22, 2013, the mailing was received by the USAO stamped “Return to

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Sender” with a handwritten circle around “Birrueta” on the mailing label

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and on the return receipt “green card” on the back of the mailing.

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or about May 22, 2013, the United States served the Notice of Complaint

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for Forfeiture, the Verified Complaint for Forfeiture In Rem, and the

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executed Warrant of Arrest In Rem, via certified mail, return receipt

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requested, upon Teresa Birrueta Baltazar, as outlined in the Certificate

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On or about

On

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of Service of Notice by Mail.

ECF No. 8 & 8-1.

On or about May 28,

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2013, the certified mail return receipt “green card” for this mailing

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was received by the United States.

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card,” the United States contends that Teresa Birrueta Baltazar was

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properly served.

Based upon the receipt of the “green

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The Notice of Complaint for Forfeiture stated that Ms. Birrueta

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Baltazar’s Claim was due June 26, 2013, and that an Answer to the

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Complaint or a Rule 12 motion was due 21 days after the filing of a

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Verified Claim.

ECF No. 8-1.

On June 26, 2013, Ms. Birrueta Baltazar

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filed a claim. ECF No. 10.

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date, pursuant to Supplemental Rule G(5)(b), her answer to the Complaint

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or Rule 12 motion was due no later than July 17, 2013.

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Birrueta Baltazar has neither filed an answer or a motion, nor moved

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for an extension of time in which to do so.

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Birrueta Baltazar failed to appear at the court-scheduled telephonic

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scheduling conference. In the hearing minutes, the Court indicates that

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the Notice Resetting Scheduling Conference “was mailed to Ms. Birrueta

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Baltazar at the address on file and was not returned as undeliverable”.

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ECF No. 22.

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Based upon the June 26, 2013, claim filing

To date, Ms.

On July 29, 2014, Ms.

On September 12, 2014, the United States filed its Motion for

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Order Striking Claim. ECF No. 23 and 23-1.

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United States served a copy of the Motion for Order Striking Claim, and

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proposed Order, via certified mail, return receipt requested, upon

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Teresa Birrueta Baltazar.

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received by the USAO, with a printed label affixed to it with “Return

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to Sender” “Unclaimed” and “Unable to Forward” and handwritten notations

ORDER - 3

On September 12, 2014, the

On or about October 6, 2014, the mailing was

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of “9/13,” “9-20,” and “9-28.”

U.S. Postal online tracking records

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indicate “Notice Left (No Authorized Recipient Available)” on September

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13, 2014.

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USAO’s motion for order striking claim.

On October 7, 2014, the Court entered an Order granting the

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The record reflects that any and all potential claimants’ interests

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in the Defendant vehicle have been resolved by the Stipulation for Order

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of Forfeiture, entered by the United States and Homero Sanchez Cruz;

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and, through the entry of the Court’s Order striking claim as to Teresa

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Birrueta Baltazar.

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to the Defendant property, IT IS HEREBY ORDERED:
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The USAO’s Motion for Entry of the Final Order of Forfeiture,
ECF No. 25, is GRANTED.

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And because no other timely claims have been made

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The Defendant property, a 2008 Chevrolet Impala, Washington

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License Plate AGN2822, VIN: 2G1WB58K189171597, is FORFEITED

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to the United States of America, and no right, title, or

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interest shall exist in any other person.

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3.

accordance with the law.

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The United States shall dispose of the forfeited property in

IT IS SO ORDERED.

The Clerk’s Office is directed to enter this

Order and provide copies to all counsel and Ms. Baltazar.
DATED this

14th

day of November 2014.

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s/Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

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Q:\EFS\Civil\2013\5035.forfeit.lc1.docx

ORDER - 4