FRANK D. WHITNEY, Chief District Judge.
THIS MATTER is before the Court on the United States Motion for Final Order and Judgment Confirming Forfeiture. The United States requests, pursuant to Fed. R. Crim. P. 32.2(c)(2), that this Court enter a Final Order and Judgment confirming forfeiture of the following real property (hereafter, "the Property") identified in the Consent Order and Judgment of Forfeiture (Doc. 250) in this case:
For good cause shown and for the reasons set forth herein, this Court will GRANT the Motion. In support of granting the Motion, this Court FINDS AS FOLLOWS:
On August 25, 2015, this Court entered the Consent Order for the Property based upon the Defendant's plea of guilty to charges related to a drug trafficking conspiracy. Defendant Maldonado had likewise pleaded guilty to such charges. Both were duly found guilty and sentenced herein.
The record reflects that, from December 24, 2015 through January 22, 2016, the United States published (Doc. 308), via www.forfeiture.gov, notice of this forfeiture and of the intent of the Government to dispose of the Property according to law, and further notice to all third parties of their rights to petition the Court within sixty days from December 24, 2015, for a hearing to adjudicate the validity of any alleged legal interest in the Property.
As to direct notice, the United States sent direct notice of the Consent Order and Judgment of Forfeiture, via the United States Postal Service (USPS) Certified Mail, Return Receipt Requested, to William and Carolyn Mead c/o attorneys David H. Black and Howard S. Irvin (Doc. 318), all parties that reasonably appeared to be potential claimants. Said notice was in fact delivered on January 28, 2016, as evidenced by USPS tracking documentation on the record (Doc. 318-1) in this case. Neither of these parties filed a petition.
Pursuant to Rule 32.2(c)(2), "[w]hen the ancillary proceeding ends, the court must enter a final order of forfeiture by amending the preliminary order as necessary to account for any third-party rights." No individuals or entities have filed petitions and the time for doing so has expired. Therefore, issuance of the request Final Order is appropriate to give the Government clear title to the Property for disposition in accordance with law.
It is, therefore, ORDERED:
In accordance with Rule 32.2(c)(2), the Consent Order and Judgment of Forfeiture is confirmed as final. All right, title, and interest in the following property, whether real, personal, or mixed, has therefore been forfeited to the United States for disposition according to law pursuant to Fed. R. Crim. P. 32.2, 18 U.S.C. § 982, and/or 28 U.S.C. § 2461(c), and the United States shall have clear title to the property and may warrant good title as set forth in 21 U.S.C. § 853(n)(7):