Opinion
Case No. 3:13CR0107
07-25-2014
UNITED STATES OF AMERICA, Plaintiff, v. ANTWANE S. COCHRAN, Defendant.
Judge Thomas M. Rose
FINAL ORDER OF FORFEITURE
OF DEFENDANT ANTWANE S. COCHRAN'S ASSETS
WHEREAS, on March 28, 2014, this Court entered a Preliminary Order of Forfeiture, (Doc. 16) ordering the forfeiture, pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), of the following Subject Property:
a. Bryco .380 cal semi-automatic handgun w/six unfired cartridges, Serial No. 1553241;
WHEREAS, the United States published notice of this forfeiture action against the Subject Property and the intent of the United States to dispose of the Subject Property in accordance with law, and further notified all parties of their right to petition the Court for a hearing to adjudicate the validity of their alleged interest in the Subject Property, beginning on April 1, 2014 and continuing for at least thirty (30) consecutive days, on the www.forfeiture.gov website (Doc. 20); and
WHEREAS, the United States did not send direct written notice of the Preliminary Order of Forfeiture because there was no person who reasonably appeared to be a potential claimant with standing to contest the forfeiture of the Subject Property in the ancillary hearing; and
WHEREAS, no timely petition has been filed to the Subject Property listed above; and
WHEREAS, the Defendant was sentenced and a Judgment was issued on April 17, 2014 (Doc. 18) and that Judgment ordered the forfeiture of the Subject Property; and
WHEREAS, the Court finds that defendant had an interest in the Subject Property; the United States has established the requisite nexus between the Subject Property and the offense; and the United States has established that the Subject Property is subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c);
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Preliminary Order of Forfeiture entered in this action on March 28, 2014 (Doc. 16), ordering the forfeiture pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), of the following Subject Property:
a. Bryco .380 cal semi-automatic handgun w/six unfired cartridges, Serial No. 1553241;is final; and
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all right, title and interest to the above-referenced Subject Property is hereby condemned, forfeited and vested in the United States of America and the United States has clear title to the Subject Property described above; and
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the custodian of the Subject Property is hereby authorized to dispose of the Subject Property in accordance with the law; and
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the United States District Court shall retain jurisdiction in the case for the purpose of enforcing this Final Order of Forfeiture. SO ORDERED:
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE