Opinion
1:11-CR-00023-AWI
08-12-2011
UNITED STATES OF AMERICA, Plaintiff, v. FRANCISCO PEREZ, Defendant.
BENJAMIN B. WAGNER United States Attorney KIMBERLY A. SANCHEZ Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
KIMBERLY A. SANCHEZ
Assistant U.S. Attorney
FINAL ORDER OF FORFEITURE
WHEREAS, on May 26, 2011, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), based upon the plea agreement entered into between plaintiff and defendant Francisco Perez forfeiting to the United States the following property:
a. a Smith and Wesson, Model 36, .38 caliber revolver bearing serial number J791975 and all ammunition seized in this case.
AND WHEREAS, beginning on June 18, 2011, for at least 30 consecutive days, the United States published notice of the Court's Order of Forfeiture on the official internet government forfeiture site www.forfeiture.gov. Said published notice advised all third parties of their right to petition the Court within sixty (60) days from the first day of publication for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;
AND WHEREAS, the Court has been advised that no third party has filed a claim to the subject property and the time for any person or entity to file a claim has expired.
Accordingly, it is hereby ORDERED and ADJUDGED:
1. A Final Order of Forfeiture shall be entered forfeiting to the United States of America all right, title, and interest in the above-listed property pursuant to 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), to be disposed of according to law, including all right, title, and interest of Francisco Perez.
2. All right, title, and interest in the above-listed property shall vest solely in the name of the United States of America.
3. The Bureau of Alcohol, Tobacco, Firearms and Explosives shall maintain custody of and control over the subject property until it is disposed of according to law.
IT IS SO ORDERED.
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CHIEF UNITED STATES DISTRICT JUDGE