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U.S. v. GINES, 3:13-CR-161-PLR-HBG. (2015)

Court: District Court, E.D. Tennessee Number: infdco20150306b42 Visitors: 3
Filed: Mar. 05, 2015
Latest Update: Mar. 05, 2015
Summary: ORDER PAMELA L. REEVES , District Judge . On February 3, 2015, the Honorable H. Bruce Guyton, United States Magistrate Judge, filed an 13-page Report and Recommendation [R. 688], in which he recommended that the Petition of Eugenia Alvarez to adjudicate validity of interest in a 2006 Nissan Frontier be granted, and that the vehicle be returned to Ms. Alvarez. There being no timely objections filed by the parties, see 28 U.S.C. 636(b)(1), and the court being in complete agreement with
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ORDER

On February 3, 2015, the Honorable H. Bruce Guyton, United States Magistrate Judge, filed an 13-page Report and Recommendation [R. 688], in which he recommended that the Petition of Eugenia Alvarez to adjudicate validity of interest in a 2006 Nissan Frontier be granted, and that the vehicle be returned to Ms. Alvarez.

There being no timely objections filed by the parties, see 28 U.S.C. § 636(b)(1), and the court being in complete agreement with the magistrate judge, the Report and Recommendation [R.688] filed by the Honorable H. Bruce Guyton, United States Magistrate Judge, on February 3, 2015, is hereby ACCEPTED IN WHOLE whereby the Petition of Eugenia Alvarez to adjudicate validity of interest in a 2006 Nissan Frontier [R. 518] is GRANTED. The court finds that Ms. Alvarez has an ownership interest in the 2006 Nissan Frontier, which her ex-husband forfeited to the government [R. 417]. The court further finds that Ms. Alvarez's interest in the vehicle is superior to that of the government.

Accordingly, IT IS ORDERED that the United States shall return the 2006 Nissan Frontier to Eugenia Alvarez.

Source:  Leagle

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