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U.S. v. Dominguez, 2:16-CR-245-KJD-(GWF). (2018)

Court: District Court, D. Nevada Number: infdco20180322f60 Visitors: 6
Filed: Mar. 19, 2018
Latest Update: Mar. 19, 2018
Summary: Final Order of Forfeiture KENT J. DAWSON , District Judge . The United States District Court for the District of Nevada entered an Amended Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2); Title 18, United States Code, Section 924(d)(1) with Title 28, United States Code, Section 2461(c); and Title 18, United States Code, Section 924(d)(1), (2)(C), and (3)(B) with Title 28, United States Code, Section 2461(c) based upon the plea of guilty by defendant Jesse Alv
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Final Order of Forfeiture

The United States District Court for the District of Nevada entered an Amended Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2); Title 18, United States Code, Section 924(d)(1) with Title 28, United States Code, Section 2461(c); and Title 18, United States Code, Section 924(d)(1), (2)(C), and (3)(B) with Title 28, United States Code, Section 2461(c) based upon the plea of guilty by defendant Jesse Alvia Dominguez to the criminal offenses, forfeiting the property set forth in the Plea Agreement and shown by the United States to have the requisite nexus to the offenses to which defendant Jesse Alvia Dominguez pled guilty. Criminal Indictment, ECF No. 15; Change of Plea, ECF No. 34; Plea Agreement, ECF No. 36; Amended Preliminary Order of Forfeiture, ECF No. 42.

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 September 23, 2017, through October 22, 2017, and December 7, 2017, through January 5, 2018, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication, ECF Nos. 39 and 44.

This Court finds the United States of America notified known third parties by personal service, or by regular mail and certified mail return receipt requested, of their right to petition the Court. Notice of Filing Service of Process — Personal Service, ECF Nos. 38, 45, and 48.

On October 17, 2017, the United States Marshals Service personally served Lizbeth Coronel-Sarabia with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process — Personal Service, ECF No. 38, p. 2-9.

On October 16, 2017, the United States Marshals Service personally served Scott Lee Berry with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process — Personal Service, ECF No. 38, p. 10-17.

The Federal Bureau of Investigation attempted personal service of Ernesto Rodriguez, Jr., with copies of the Amended Preliminary Order of Forfeiture and the Notice. Law enforcement could not locate him. Notice, ECF No. 45.

On January 4, 2018, the United States Marshals Service personally served Jason Ryan Sherbino with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process — Personal Service, ECF No. 48.

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 is 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); Title 18, United States Code, Section 924(d)(1) with Title 28, United States Code, Section 2461(c); Title 18, United States Code, Section 924(d)(1), (2)(C), and (3)(B) with Title 28, United States Code, Section 2461(c); and Title 21, United States Code, Section 853(n)(7) and shall be disposed of according to law:

1. A Colt .45 Caliber semi-automatic handgun, bearing serial number FA18851; and 2. any and all ammunition

(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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