Opinion
CR22-045-RAJ
01-06-2023
UNITED STATES OF AMERICA, Plaintiff, v. SERGIO PONCE-CARRILLO, Defendant.
FINAL ORDER OF FORFEITURE
HONORABLE RICHARD A. JONES UNITED STATES DISTRICT JUDGE
THIS MATTER comes before the Court on the United States' Motion for Final Order of Forfeiture (the “Motion”) for the following property:
• A Smith & Wesson 9mm pistol, 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 entry of a Final Order of Forfeiture is appropriate because:
• On September 9, 2022, the Court entered a Preliminary Order of Forfeiture finding the above-identified property forfeitable pursuant to 18 U.S.C. § 924(d)(1), by way of 28 U.S.C. § 2461(c) and forfeiting Defendant's interest in them (Dkt. No. 30);
• 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 32.2(b)(6)(C) (Dkt. No. 37) and provided direct notice to a potential claimant as required by Fed. R. Crim. P. 32.2(b)(6)(A) (see Declaration of AUSA Karyn S. Johnson in Support of Motion for Final Order of Forfeiture, ¶ 2, Ex. A); and,
• The time for filing third-party claims has expired, and none were filed.
NOW, THEREFORE, THE COURT ORDERS:
1. No right, title, or interest in the above-identified 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, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and/or its representatives, are authorized to dispose of the property as permitted by governing law.
IT IS SO ORDERED.