United States of America v. Hi-Point, Model JCP, .40 Caliber Pistol, Serial Number X7142266 and Six Rounds of Ammunition

Filing 8

FINAL ORDER OF FORFEITURE; granting 7 Motion for Forfeiture of Property. Signed by Senior Judge Justin L. Quackenbush. (CV, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,

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Plaintiff,

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NO. 2:15-CV-00274-JLQ
FINAL ORDER OF FORFEITURE

v.
HI-POINT, MODEL JCP, .40 CALIBER
PISTOL, SERIAL NUMBER: X7142266,
and SIX ROUNDS OF AMMUNITION,

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Defendants.

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BEFORE THE COURT is the Government’s Motion for Entry of a Final Order of
Forfeiture (ECF No. 7). On October 5, 2015, the Government filed a Verified Complaint
for Forfeiture In Rem, alleging the Defendant pistol and ammunition were subject to
forfeiture to the Government pursuant to 18 U.S.C. § 924(d)(1). See ECF No. 1. The
court has jurisdiction over this matter by virtue of 28 U.S.C. §§ 1345 and 1355. Venue is
proper pursuant to 28 U.S.C. § 1395.
The Defendant property being forfeited is described as follows:
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Hi-Point, Model JCP, .40 caliber pistol, Serial Number: X7142266; and

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Approximately six rounds of .40 caliber ammunition, bearing the headstamp “Blazer.”

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On November 6, 2015, the Bureau of Alcohol, Tobacco, Firearms and Explosives
(“ATF”) executed the Warrant of Arrest In Rem. The returned warrant was filed with the
court on November 6, 2015. See ECF No. 5.
Notice of Civil Forfeiture Action was posted on the official government website
ORDER - 1

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beginning October 7, 2015, through November 5, 2015, as required by Rule

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G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset

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Forfeiture Actions, as evidenced by the Notice of Publication filed herein on November

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6, 2015. ECF No. 6, 6-1, and 6-2. The claim period expired no later than December 6,

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2015. To date, no claims have been received or filed pursuant to the internet posting.

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ATF did not identify any potential claimants other than Defendant Dennis Howard

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Estepp.

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On July 2, 2014, Estepp and the Government entered into a Plea Agreement filed
in the related Eastern District of Washington criminal case, United States v. Dennis

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Howard Estepp, No. 2:14-CR-00034-JLQ. See ECF No. 7-2. Estepp agreed to the

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forfeiture of the Defendant property as part of the Plea Agreement. Therefore, the

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Government did not provide direct notice of this forfeiture action. As it appears no timely

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claims have been made to the Defendant property, the Motion is granted.

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IT IS HEREBY ORDERED:

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1.

The Government’s Motion (ECF No. 7) is GRANTED. The Defendant

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property is hereby forfeited to the United States of America, and no right,

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title, or interest shall exist in any other person.

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2.

accordance with law.

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The United States of America shall dispose of the forfeited property in

IT IS SO ORDERED. The Clerk is hereby directed to enter this Order and furnish
copies to counsel.
DATED this 16th day of December, 2015.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE

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ORDER - 2

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ORDER - 3