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U.S. v. SMITH, CR 13-71. (2015)

Court: District Court, N.D. Iowa Number: infdco20150114f91 Visitors: 6
Filed: Jan. 12, 2015
Latest Update: Jan. 12, 2015
Summary: FINAL ORDER OF FORFEITURE LINDA R. READE, Chief District Judge. WHEREAS, on October 24, 2014, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 18 U.S.C. 924(d)(1), and 28 U.S.C. ' 2461(c), based upon the defendant's guilty plea entered on September 29, 2014, in which defendant consented to the forfeiture of any interest he had or has in the firearm alleged to be subject to forfeiture under the Forfeiture Allegation of the September 11, 2013, Indictment; AN
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FINAL ORDER OF FORFEITURE

LINDA R. READE, Chief District Judge.

WHEREAS, on October 24, 2014, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 18 U.S.C. § 924(d)(1), and 28 U.S.C. ' 2461(c), based upon the defendant's guilty plea entered on September 29, 2014, in which defendant consented to the forfeiture of any interest he had or has in the firearm alleged to be subject to forfeiture under the Forfeiture Allegation of the September 11, 2013, Indictment;

AND WHEREAS, notice of this forfeiture was posted on www.forfeiture.gov for 30 consecutive days beginning October 30, 2014, and continuing through November 28, 2014, of the United States' intent to dispose of the property in accordance with the law and further notifying all third parties of their right to petition the Court within thirty (30) days for a hearing to adjudicate the validity of their alleged legal interest in the property;

AND WHEREAS, no third-party claims have been made for return of seized property against the firearm included in the Preliminary Order of Forfeiture entered on October 24, 2014.

It is HEREBY ORDERED, ADJUDGED and DECREED:

1. That any right, title, and interest defendant has or had in the hereinafter described property is hereby condemned, forfeited and vested in the United States of America, and shall be disposed of according to law.

2. That the following property belonging to Clifford Smith, who is the subject of this Order, is hereby condemned and forfeited to the United States of America, as follows:

an Ithaca model 37, 12 gauge shotgun, bearing serial number 939894, which was seized from defendant on or about July 4, 2013 in Cedar Rapids, Iowa.

3. That the United States Marshals Service is hereby authorized to dispose of the firearm and any ammunition, if seized, identified in paragraph 2 of this Order.

4. That the United States District Court shall retain jurisdiction in this case for the purpose of enforcing this Order; and

5. That the Clerk of the Court shall forward one certified copy of this Order to the United States Attorney's Office, Attention: Assistant U.S. Attorney Martin J. McLaughlin.

Source:  Leagle

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