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U.S. v. 2009 CHEVROLET SILVERADO 1500, VIN 3GCEK23M99G132371, 13-cv-02306-WYD-KLM. (2014)

Court: District Court, D. Colorado Number: infdco20140331a74 Visitors: 2
Filed: Mar. 28, 2014
Latest Update: Mar. 28, 2014
Summary: FINAL ORDER OF FORFEITURE WILEY Y. DANIEL, Senior District Judge. THIS MATTER is before the Court on the United States' Unopposed Motion for Final Order of Forfeiture [ECF No. 10]. After careful consideration of the motion [ECF No. 10] and the case file, I find that: (1) the United States commenced this action in rem pursuant to 21 U.S.C. 881(a)(4); (2) all known parties have been provided with an opportunity to respond and that publication has been effected as required by Supplemental R
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FINAL ORDER OF FORFEITURE

WILEY Y. DANIEL, Senior District Judge.

THIS MATTER is before the Court on the United States' Unopposed Motion for Final Order of Forfeiture [ECF No. 10]. After careful consideration of the motion [ECF No. 10] and the case file, I find that:

(1) the United States commenced this action in rem pursuant to 21 U.S.C. § 881(a)(4); (2) all known parties have been provided with an opportunity to respond and that publication has been effected as required by Supplemental Rule G(4); (3) sole claimant Julissa Soto, proceeding pro se, filed a Claim [ECF No. 8] to defendant, 2009 Chevrolet Silverado 1500, VIN 3GCEK23M99G132371; (4) no other claims to the defendant 2009 Chevrolet Silverado 1500, VIN 3GCEK23M99G132371, have been filed; (5) the United States and sole claimant Julissa Soto have reached a settlement in this case, and have filed a Settlement Agreement [ECF No. 10-1] with the Court resolving all issues in dispute; (6) upon agreement of the parties, claimant Julissa Soto agrees to forfeit to the United States, defendant 2009 Chevrolet Silverado 1500, VIN 3GCEK23M99G132371, pursuant to 21 U.S.C. § 881, which will be disposed of in accordance with law and the terms of the parties' Settlement Agreement [ECF No. 10-1]; (7) upon agreement of the parties, after all government costs associated with storage and sale of the Silverado have been paid, the United States will retain $10,000.00 of the net proceeds, and return to Claimant Soto any remaining net proceeds, if any; and, (8) there is cause to issue a forfeiture order under 21 U.S.C. § 881.

As such, it is

ORDERED that judgment of forfeiture of defendant, 2009 Chevrolet Silverado 1500, VIN 3GCEK23M99G132371, SHALL ENTER IN FAVOR OF the United States. It is

FURTHER ORDERED that the United States SHALL HAVE FULL AND LEGAL TITLE to the forfeited property and may dispose of it in accordance with law and in accordance with the terms and provisions of the Settlement Agreement [ECF No. 10-1]. It is

FURTHER ORDERED that a Certificate of Reasonable Cause, which this Order constitutes, is GRANTED as to defendant, 2009 Chevrolet Silverado 1500, VIN 3GCEK23M99G132371, pursuant to 28 U.S.C. § 2465.

Source:  Leagle

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