Opinion
2:19-CR-00031-RFB-NJK
12-30-2020
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT DURAN, Defendant.
Final Order of Forfeiture
The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (b)(2) and 18 U.S.C. § 924(d)(1) with 28 U.S.C. § 2461(c) based upon the plea of guilty by Robert Duran to the criminal offense, forfeiting the property set forth in the Amended Memorandum in Support of Plea and the Forfeiture Allegation of the Superseding Criminal Information and shown by the United States to have the requisite nexus to the offense to which Robert Duran pled guilty. Amended Memorandum in Support of Plea, ECF No. 34; Superseding Criminal Information, ECF No. 36; Preliminary Order of Forfeiture, ECF No. 38; Arraignment & Plea, ECF No. 39; Amended Preliminary Order of Forfeiture, ECF No. 54.
This Court finds that on the government's motion, the Court may at any time enter an order of forfeiture or amend an existing order of forfeiture to include subsequently located property or substitute property pursuant to Fed. R. Crim. P. 32.2(e) and 32.2(b)(2)(C).
This Court finds the United States published the notice of forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, consecutively from May 17, 2020, through June 15, 2020, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication Exhibits, ECF No. 50-1, p. 5.
This Court finds the United States notified known third parties by personal service of their right to petition the Court. Notice of Filing Service of Process - Personal Service, ECF No. 52.
On June 8, 2020, the United States Marshals Service personally served Gary Wayne Taylor, Jr., with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 3, 6-7, 9-11.
On June 8, 2020, the United States Marshals Service attempted to personally serve Lacretia Smith with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 4, 6-7, 9-11.
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 are condemned, forfeited, and vested in the United States pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (b)(4)(B); Fed. R. Crim. P. 32.2(c)(2); 18 U.S.C. § 924(d)(1) with 28 U.S.C. § 2461(c); and 21 U.S.C. § 853(n)(7) and shall be disposed of according to law:
1. a Sig Sauer P320, 9mm pistol bearing serial number 58A114681; 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 government'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.
DATED: December 30, 2020.
/s/_________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE