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U.S. v. Humphries, 2:14-CR-279-APG-VCF. (2019)

Court: District Court, D. Nevada Number: infdco20190311594 Visitors: 6
Filed: Mar. 05, 2019
Latest Update: Mar. 05, 2019
Summary: Final Order of Forfeiture ANDREW P. GORDON , District Judge . The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2) and 18 U.S.C. 2253(a)(1) and 2253(a)(3) based upon the jury verdict finding Bret Alan Humphries guilty of the criminal offense, forfeiting specific property set forth in the Bill of Particulars and the Forfeiture Allegation of the Criminal Indictment and shown by the United States
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Final Order of Forfeiture

The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2) and 18 U.S.C. § 2253(a)(1) and 2253(a)(3) based upon the jury verdict finding Bret Alan Humphries guilty of the criminal offense, forfeiting specific property set forth in the Bill of Particulars and the Forfeiture Allegation of the Criminal Indictment and shown by the United States to have the requisite nexus to the offense to which Bret Alan Humphries was found guilty. Criminal Indictment, ECF No. 1; Bill of Particulars, ECF No. 64; Jury Verdict, ECF No. 216; Preliminary Order of Forfeiture, ECF No. 223; Minutes of Jury Trial, ECF No. 224.

This Court finds that the United States of America may amend this order at any time to add subsequently located property or substitute property to the forfeiture order pursuant to Fed. R. Crim. P. 32.2(b)(2)(C) and 32.2(e).

This Court finds the United States of America published the notice of forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, consecutively from August 22, 2018, through September 20, 2018, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication, ECF No. 227.

This Court finds the United States of America notified known third parties by personal service of their right to petition the Court. Notice of Filing Service of Process — Personal Service, ECF No. 226.

On September 11, 2018, the United States Marshals Service personally served Peggy Hart with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process — Personal Service, ECF No. 226.

This Court finds no petition was filed herein by or on behalf of any person or entity and the time for filing such petitions and claims has expired.

This Court finds no petitions are pending with regard to the property named herein and the time for presenting such petitions has expired.

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that all possessory rights, ownership rights, and all rights, titles, and interests in the property hereinafter described are condemned, forfeited, and vested in the United States of America pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (B); Fed. R. Crim. P. 32.2(c)(2); 18 U.S.C. § 2253(a)(1) and 2253(a)(3); and 21 U.S.C. § 853(n)(7) and shall be disposed of according to law:

1. Gateway computer model DX4822, serial # PTGA0020381085D2700; 2. Compaq computer model SR5000, serial # CNH75108G7; and 3. Two memory sticks (USB drives)

(all of which constitutes property).

IT IS FURTHER ORDERED, ADJUDGED, AND. DECREED that any and all forfeited funds, including but not limited to, currency, currency equivalents, certificates of deposit, as well as any income derived as a result of the United States of America's management of any property forfeited herein, and the proceeds from the sale of any forfeited property shall be disposed of according to law.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send copies of this Order to all counsel of record.

Source:  Leagle

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