Opinion
CR-2-12-013(1&2)
01-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. DARRELL A. ANDERSON, JOHANN R. HART, Defendants.
JUDGE MARBLEY
FINAL ORDER OF FORFEITURE
WHEREAS, on September 25, 2012, and on October 1, 2012, this Court entered Preliminary Orders of Forfeiture, ordering the above-named Defendants Darrell A. Anderson and Johann R. Hart to forfeit to the United States the Defendants' interest in the property subject to forfeiture in Forfeiture A of the Indictment pursuant to 18 U.S.C. §924(d)(1) and 21 U.S.C. §853(a)(1);
WHEREAS, for 30 consecutive days beginning October 16, 2012, the United States published notice of this forfeiture on the government's internet site www.forfeiture.gov, which provided potential claimants notice of this forfeiture and of the intent of the United States to dispose of the forfeited property in accordance with the law and further notifying all third parties of their right to petition the Court within sixty (60) days of the initial publication date for a hearing to adjudicate the validity of their alleged legal interest in the property;
WHEREAS, on September 14, 2012, this Court held Defendant Darrell A. Anderson's sentencing hearing and verbally pronounced the forfeiture of the subject property and thereafter on September 25, 2012, issued its Judgment ordering Defendant Darrell A. Anderson to forfeit to the United States the property described herein. On September 7, 2012, this Court held Defendant Johann R. Hart's sentencing hearing and verbally pronounced the forfeiture of the subject property and thereafter on September 24, 2012, issued its Judgment ordering Defendant Johann R. Hart to forfeit to the United States the property described herein;
WHEREAS, no petitions asserting a legal interest in the forfeited property were filed and the time for the filing of such petitions has expired;
WHEREAS, the Court finds that Defendants Darrell A. Anderson and Johann R. Hart had an interest in the property that is subject to forfeiture pursuant to 18 U.S.C. §924(d)(1) and 21 U.S.C. §853(a)(1) for violations of 21 U.S.C. §841 et seq;
NOW THEREFORE, IT IS HEREBY, ORDERED, ADJUDGED AND DECREED:
1. That all right, title and interest in and to the hereinafter described property be and is hereby FORFEITED to the United States of America, said property being described as:
A He1wan, Model Brigadier, 9mm pistol, SN: 1062856, including any ammunition; and
Two (2) digital scales.
2. That the United States Marshals Service shall dispose of the property according to law.
3. That any and all claims and interests in and to the above described forfeited property are forever barred and no right, title or interest in the forfeited property shall exist in any other person or entity, and the United States of America shall have clear title to said property and may warrant good title thereto.
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HONORABLE ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT JUDGE