Opinion
CR20-223-JLR
01-20-2023
UNITED STATES OF AMERICA, Plaintiff, v. TRINIDAD QUIJADA VALENZUELA, Defendant.
KARYN S. JOHNSON Assistant United States Attorney United States Attorney's Office
KARYN S. JOHNSON Assistant United States Attorney United States Attorney's Office
FINAL ORDER OF FORFEITURE
HON. JAMES L. ROBART, 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:
• The 3 cell phones seized from the Defendant on December 10, 2020, which are more specifically described as follows:
i. Black Motorola smart phone with a cracked screen and blue tape holding cell phone battery in place;
ii. Black Motorola smart phone model XT1952-4; and
iii. Dark grey Samsung Boost mobile flip phone.
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 May 20, 2022, the Court entered a Preliminary Order of Forfeiture finding the above-identified property forfeitable pursuant to 21 U.S.C. § 853 and forfeiting Defendant's interest in them (Dkt. No. 62);
• 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. 66) 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 Homeland Security, and/or its representatives, are authorized to dispose of the property as permitted by governing law.
IT IS SO ORDERED.