U.S. v. Colon

Full title: UNITED STATES OF AMERICA, Plaintiff, v. (1) UBALDO RIVERA COLON Defendant

Court: United States District Court, D. Puerto Rico

Date published: Jul 7, 2005

Crim. No. 00-001 (PG) (D.P.R. Jul. 7, 2005)

Opinion

Crim. No. 00-001 (PG).

July 7, 2005

FINAL ORDER OF FORFEITURE

JUAN PEREZ-GIMENEZ, District Judge

WHEREAS, on August 13, 2002, this Court entered an Amended Order of Forfeiture pursuant to the provisions of Title 21 U.S.C., § 853 and Rule 32.2 of the Federal Rules of Criminal Procedure, based upon the defendant's plea of guilty of Counts One, Two, Three and Five of the Indictment,

WHEREAS the United States, having made a sufficient showing at defendant's change of plea hearing about the forfeitability of the defendant's property, alleging it to subject to forfeiture in the Indictment.

WHEREAS, the forfeiture request made by the United States was and remains unopposed;

AND WHEREAS, on February 12, 19 and March 5, 2003, the United States published in El Nuevo Día, a newspaper of general circulation in the island of Puerto Rico, notice of this forfeiture and of the intent of the United States to dispose of the property in accordance with law and further notifying all third parties of their right to petition the Court within thirty (30) days for a hearing to adjudicate the validity of their alleged legal interest in the property;

It is HEREBY ORDERED, ADJUDGED and DECREED

1. That the right, title and interest to all the hereinafter described property, whether real, personal, and/or mixed, of the defendant is hereby condemned, forfeited and vested in the United States of America, and shall be disposed of according to law.

2. That the following property, which is the subject of this Order, is hereby condemned and forfeited to the United States of America:

[E] ONE 1985 50 `CHEROKEE MOTORBOAT, "MUSIC LADY," PR7378AA, registered to Jose Matos Lugo.

3. That any and all forfeited funds, including but not limited to currency, currency equivalents, and certificates of deposit, as well as any income derived as a result of the United States Marshal's management of the property forfeited herein, and the proceeds from the sale of any forfeited property, after the payment of costs and expenses incurred in connection with the forfeiture, sale, and disposition of the forfeited property, shall be deposited forthwith by the United States Marshal Service into the Asset Forfeiture Fund in accordance with Title 28 U.S.C. § 524(c) and Title 21 U.S.C. § 853.

SO ORDERED.