Opinion
CR21-132-JCC
06-27-2023
UNITED STATES OF AMERICA, Plaintiff, v. FERNANDO LOPEZ-ARMENTA, Defendant.
KRISTA K. BUSH Assistant United States Attorney United States Attorney's Office
KRISTA K. BUSH
Assistant United States Attorney
United States Attorney's Office
[PROPOSED]
FINAL ORDER OF FORFEITURE
JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE
THIS MATTER comes before the Court on the United States' Motion for a Final Order of Forfeiture for the following property:
1. A Ruger 1911 .45 caliber semi-automatic pistol, serial number 672-03081, and any associated ammunition
The Court, having reviewed the United States' motion, as well as the other pleadings and papers filed in this matter, HEREBY FINDS that entry of a Final Order of Forfeiture is appropriate for the following reasons:
1. At trial, Defendant Fernando Lopez-Armenta was convicted of Possession of a Controlled Substance with Intent to Distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A), and of Carrying a Firearm in
Commission of a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i) (Dkt. No. 98);
2. Because the evidence presented at trial established that the property was used, or intended to be used to commit, or to facilitate the Defendant's commission of Possession of a Controlled Substance with Intent to Distribute and was involved or used in the Defendant's commission of Carrying a Firearm in Commission of a Drug Trafficking Crime, the Court entered a Preliminary Order of Forfeiture, finding the property forfeitable pursuant to 21 U.S.C. § 853(a) and 18 U.S.C. § 924(d)(1), by way of 28 U.S.C. § 2461(c), and forfeiting the Defendant's interest in it (Dkt. No. 105);
3. Thereafter, the United States published notice of the pending forfeiture as required by 21 U.S.C. § 853(n)(1) and Federal Rule of Criminal Procedure (“Fed. R. Crim. P.”) 32.2(b)(6)(C) and provided direct notice to two identified potential claimants (Dkt. No. 107; Declaration of Assistant U.S. Attorney Krista K. Bush in Support of Motion for a Final Order of Forfeiture, ¶ 2, Exhibits A-B); and,
4. The time period for filing third-party petitions has expired and none were filed.
NOW, THEREFORE, THE COURT ORDERS:
1. No right, title, or interest in the above-listed property exists in any party other than the United States;
2. The property is fully and finally condemned and forfeited, in its entirety, to the United States; and
3. The United States Department of Justice, Homeland Security Investigations, and/or their representatives, are authorized to dispose of the property in accordance with the law.
IT IS SO ORDERED.