United States of America v. Approximately $19,160.00 in U.S. Currency, No. 2:2009cv03565 - Document 16 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Judge John A. Mendez on 04/05/10. (Benson, A.)

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United States of America v. Approximately $19,160.00 in U.S. Currency 1 2 3 4 5 Doc. 16 BENJAMIN B. WAGNER United States Attorney SARALYN M. ANG-OLSON, SBN 197404 Special Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Attorneys for Plaintiff United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. APPROXIMATELY $19,160.00 IN U.S. CURRENCY, 15 Defendant. 16 17 18 19 20 21 2:09-CV-03565-JAM-KJM FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds as follows: 1. This is a civil forfeiture action against Approximately $19,160.00 in U.S. Currency ("defendant currency"). 2. A Verified Complaint for Forfeiture In Rem (“Verified 22 Complaint”) was filed on December 23, 2009, alleging that said 23 defendant currency is subject to forfeiture to the United States 24 of America pursuant to 21 U.S.C. § 881(a)(6). 25 3. On or about December 24, 2009, the Clerk issued a 26 Warrant for Arrest for the defendant currency, and that warrant 27 was duly executed on January 5, 2010. 28 4. On or about December 24, 2009, the United States sent 1 Final Judgment of Forfeiture Dockets.Justia.com 1 copies of the Verified Complaint, application and order for 2 publication, order regarding clerk’s issuance of warrant for 3 arrest, warrant for arrest, order requiring joint status report, 4 order re page limits, and court notices to Eric Ledezma, by 5 first-class U.S. mail and by certified U.S. mail number 7008 1140 6 0001 8038 5787. 7 sent the above-listed documents to Eric Ledezma, through his 8 attorney, Robert W. MacKenzie, by certified U.S. mail number 7008 9 1140 0001 8038 5770. On or about December 24, 2009, the United States In addition, on January 15, 2010, the U.S. 10 Marshals Service personally served copies of the above-listed 11 documents on Eric Ledezma at the Butte County Jail. 12 5. On January 28, 2010, Eric Ledezma filed a Verified Claim 13 and Statement of Interest. 14 filed a Verified Answer to Complaint for Forfeiture In Rem. 15 6. On February 17, 2010, Eric Ledezma Beginning on January 23, 2010, for at least 30 16 consecutive days, the United States published Notice of the 17 Forfeiture Action on the official internet government forfeiture 18 site www.forfeiture.gov. 19 on February 25, 2010. 20 7. A Declaration of Publication was filed No other parties have filed claims or answers in this 21 matter and the time for which any person or entity may file a 22 claim and answer has expired. 23 24 25 Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment of 26 Forfeiture entered into by and between the parties to this 27 action. 28 2. That judgment is hereby entered against claimant Eric 2 Final Judgment of Forfeiture 1 Ledezma and all other potential claimants who have not filed 2 claims in this action. 3 3. All right, title and interest of Eric Ledezma in the 4 defendant currency shall be forfeited to the United States 5 pursuant to 21 U.S.C. § 881(a)(6). 6 4. That plaintiff United States of America and its 7 servants, agents, and employees and all other public entities, 8 their servants, agents, and employees, are released from any and 9 all liability arising out of or in any way connected with the 10 seizure, arrest, or forfeiture of the defendant currency. This 11 is a full and final release applying to all unknown and 12 unanticipated injuries, and/or damages arising out of said 13 seizure, arrest, or forfeiture, as well as to those now known or 14 disclosed. 15 Code § 1542. 16 5. The parties waive the provisions of California Civil Claimant Eric Ledezma waived any and all claim or right 17 to interest that may have accrued on the defendant currency being 18 forfeited to the United States. 19 20 21 22 23 6. All parties are to bear their own costs and attorneys' fees. 7. The Court shall maintain jurisdiction to enforce the terms of the Final Judgment of Forfeiture. SO ORDERED THIS 5th day of April, 2010. 24 25 26 /s/ John A. Mendez JOHN A. MENDEZ United States District Judge 27 28 3 Final Judgment of Forfeiture

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