Opinion
NO. 4:12-cr-00077-BO
04-20-2013
UNITED STATES OF AMERICA v. JERMAINE CORY MCGATHEY
FINAL ORDER OF FORFEITURE
WHEREAS, on January 17, 2013, this Court entered an Amended Preliminary Order of Forfeiture pursuant to the provision of 21 U.S.C. § 853, based upon the defendant pleading guilty to 21 U.S.C. § 846, and agreeing to the forfeiture of the property listed in the January 17, 2013 Amended Preliminary Order of Forfeiture, to wit: (a) $3,858.67 in U.S. currency seized from the defendant, and (b) $15,387.00 in U.S. Currency.
AND WHEREAS, the United States published notice of this forfeiture at the www.forfeiture. gov web site for at least 30 consecutive days, between December 20, 2012 and January 18, 2013 for the $3858.67 in U.S. Currency and between January 24, 2013 and February 22, 2013 for the $15,387.00 in U.S. Currency, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty of Maritime Claims and Asset Forfeiture Actions. Said published notice advised all third parties of their right to petition the court within sixty (60) days from the first day of the publication date for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;
AND WHEREAS, it appears from the record that no claims, contested or otherwise, have been filed for the property described in this Court's January 17, 2013 Amended Preliminary Order of Forfeiture, other than those specifically mentioned herein;
It is HEREBY ORDERED, ADJUDGED and DECREED:
1. That the property listed in the January 17, 2013 Amended Preliminary Order of Forfeiture is hereby forfeited to the United States. That the United States Department of Justice is directed to dispose of the property according to law.
2. That any and all forfeited funds shall be deposited by the United States Department of Justice as soon as located or recovered into the Department of Justice's Assets Forfeiture Fund in accordance with 28 U.S.C. § 524(c) and 21 U.S.C. § 881(e).
The Clerk is hereby directed to send copies of this Order to all counsel of record.
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TERRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE