Opinion
CR21-166-RAJ
01-27-2023
UNITED STATES OF AMERICA, Plaintiff, v. MACLOVIO HERNANDEZ-MARTINEZ, Defendant.
FINAL ORDER OF FORFEITURE
The Honorable Richard A. Jones United States District Judge
THIS MATTER comes before the Court on the United States' Motion for a Final Order of Forfeiture (“Motion”) for the following property (“Subject Property”):
• $52,069.00 in United States currency seized on September 30, 2021;
• $138.00 in United States currency seized on September 30, 2021;
• $1,956.00 in United States currency seized on September 30, 2021; and
• $766.00 in United States currency seized on September 30, 2021.
The Court, having reviewed the United States' Motion, as well as the other pleadings and papers filed in this matter, hereby FINDS entry of a Final Order of Forfeiture is appropriate for the following reasons:
• on May 25, 2022, the Court entered a Preliminary Order of Forfeiture finding the Subject Property forfeitable pursuant to 21 U.S.C. § 853, and forfeiting the Defendant's interest in it, Dkt. No. 35;
• thereafter, the United States published notice of the pending forfeitures as required by 21 U.S.C. § 853(n)(1) and Federal Rule of Criminal Procedure 32.2(b)(6)(C), Dkt. No. 92, and provided direct notice to three potential claimants as required by Fed. R. Crim. P. 32.2(b)(6)(A), see Declaration of AUSA Jehiel I. Baer in Support of Motion for a Final Order of Forfeiture ¶ 2, Exhibits A, B & C; and
• the time for filing third-party claims has expired, and no additional claims were filed for the Subject Property.
NOW, THEREFORE, THE COURT ORDERS:
1. No right, title, or interest in the Subject Property exists in any party other than the United States;
2. The Subject Property is fully and finally condemned and forfeited, in its entirety, to the United States; and
3. The United States Department of Justice, the Drug Enforcement Administration, and/or their representatives, are authorized to dispose of the Subject Property as permitted by governing law.
IT IS SO ORDERED.