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U.S. v. Villanueva, CR 15-0273 WHA. (2016)

Court: District Court, N.D. California Number: infdco20160419978 Visitors: 16
Filed: Apr. 18, 2016
Latest Update: Apr. 18, 2016
Summary: APPLICATION OF THE UNITED STATES FOR A FINAL ORDER OF FORFEITURE WILLIAM ALSUP , District Judge . On January 27, 2016, the Court entered a Preliminary Order of Forfeiture forfeiting the following property: • One Glock brand, Model 20, 10 MM pistol, bearing serial number LEL007 1 ; • Multiple 10 MM rounds of ammunition found inside the Glock pistol; • One Smith & Wesson brand, Model SW9VE, 9 MM Pistol, bearing serial number DWM7579 and • Multiple 9 MM round of ammunition found inside the
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APPLICATION OF THE UNITED STATES FOR A FINAL ORDER OF FORFEITURE

On January 27, 2016, the Court entered a Preliminary Order of Forfeiture forfeiting the following property:

• One Glock brand, Model 20, 10 MM pistol, bearing serial number LEL0071; • Multiple 10 MM rounds of ammunition found inside the Glock pistol; • One Smith & Wesson brand, Model SW9VE, 9 MM Pistol, bearing serial number DWM7579 and • Multiple 9 MM round of ammunition found inside the Smith and Wesson pistol

pursuant to 18 U.S.C. § 924(d), 21 U.S.C. § 853 and the procedures outlined in Rule 32.2 of the Federal Rules of Criminal Procedure.

The Preliminary Order required the United States to publish notice of the Order and otherwise direct written notice to all persons known to have an interest in said property. Beginning on January 28, 2016, the United States published notice of the forfeiture action on WNW forleitut e.gov, a government website for at least thirty days, notice of this Order and notice of the government's intent to dispose of the property in accordance with the law. The notice also advised potential third parties of their right to petition the Court within (30) days for a hearing to adjudicate the validity of their legal interest in the property.

The United States represents that no petitions have been filed.

Therefore, the United States respectfully requests that the Court enter the proposed Final Order of Forfeiture, directing that the property described above be forfeited to the United States, pursuant to pursuant to 18 U.S.C. § 924(d), 21 U.S.C. § 853 and the procedures outlined in Rule 32.2 of the Federal Rules of Criminal Procedure.

[PROPOSED] FINAL ORDER OF FORFEITURE

On January 27, 2016, the court entered a Preliminary Order of Forfeiture forfeiting the following property:

• Multiple 10 MM rounds of ammunition found inside the Glock brand, Model 20, 10 MM pistol, bearing serial number LEL007; • Multiple 9 MM round of ammunition found inside the Smith & Wesson brand, Model SW9VE, 9 MM Pistol, bearing serial number DWM7579 (hereinafter "subject property") pursuant to 18 U.S.C. § 924(d), 21 U.S.C. § 853 and the procedures outlined in Rule 32.2 of the Federal Rules of Criminal Procedure.

The United States represents that it has complied with the publication notice requirements of the Preliminary Order and that no petitions have been filed.

THEREFORE, it is so ordered that the subject property shall be forfeited to the United States, pursuant to 18 U.S.C. § 924(d), 21 U.S.C. § 853 and the procedures outlined in Rule 32.2 of the Federal Rules of Criminal Procedure. All right, title, and interest in said property is vested in the United States of America. The appropriate federal agency shall dispose of the forfeited property according to law.

FootNotes


1. Upon further investigation of the serial number on the Glock brand, Model 20. 10 mm pistol and the serial number on the Smith and Wesson Brand, Model SW9VE, 9 mm pistol, it was discovered that both firearms were stolen. Therefore, the government will be returning both firearms to the registered owners.
Source:  Leagle

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