Opinion
CR19-0148-JCC
12-07-2021
UNITED STATES OF AMERICA, Plaintiff, v. PARK HUNG QUAN, Defendant.
ORDER
JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE
This matter comes before the Court on the Government's motion (Dkt. No. 87) for a final order of forfeiture for the following property:
1. One Sig Sauer, Model P228, 9mm Parabellum caliber semi-automatic pistol, serial number B304183;
2. One Sig Sauer, Model P226, .40S&W caliber semi-automatic pistol, serial number U591698;
3. One Kel-Tec, Model P F-9, 9mm Luger caliber semi-automatic pistol, serial number S2T97;
4. One FN, Model FNS-40, .40S&W caliber semi-automatic pistol, serial number GKU0004153;
5. One GSG, Model 522, .22LR caliber semi-automatic rifle, serial number A438065;
6. One Anderson, Model AM-15, 5.56 NATO/.223 Remington caliber AR type semiautomatic rifle, serial number 14090370;
7. One TGI FPK, 7.62x54Rmm caliber Dragunov-type semi-automatic designated marksman rifle, serial number KR0694;
8. One GSG, Model GSG-5, .22LR caliber rifle, serial number A331021;
9. One Century Arms Inc., Model R1A1 Sporter, .308 Winchester caliber rifle, serial number CA33130;
10. One Steyr-Mannlicher, Model Steyr USR, .223 Remington caliber semiautomatic rifle, serial number 909USR637;
11. One FN, Model PS90, 5.7x28mm semi-automatic rifle, serial number FN092503;
12. One Bushmaster, Model XM15-E2S, 5.56 NATO/.223 Remington caliber AR-type semi-automatic rifle, serial number L435132; and
13. All associated ammunition.
The Court, having reviewed the Government's motion, the supporting documents, and the other pleadings and papers on file, HERBY FINDS that entry of a final order of forfeiture is appropriate because:
• In the Plea Agreement that Defendant Park Hung Quan entered on June 12, 2020, he agreed to forfeit his interest in the above-identified property because it was involved or used in his commission of the offense of Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1) (Dkt. No. 48);
• On October 14, 2020, the Court entered a Preliminary Order of Forfeiture, finding the above-identified property forfeitable under 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), and forfeiting the Defendant's interest in it (Dkt. No. 63);
• 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), (see Dkt. No. 66), and provided direct notice to a potential claimant as required by Fed. R. Crim. P. 32.2(b)(6)(A), (see Dkt. No. 87-1); and
• The time for filing third-party petitions has expired, and the only claim filed was withdrawn 11 days later. (Dkt. Nos. 68, 70.)
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 Homeland Security, and/or its representatives, are authorized to dispose of the property in accordance with the law.
IT IS SO ORDERED.