USA v. Approximately $5,900.00 in U.S. Currency, No. 1:2010cv00689 - Document 22 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT OF FORFEITURE signed by Chief Judge Anthony W. Ishii on 4/5/2011. (Marrujo, C)
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USA v. Approximately $5,900.00 in U.S. Currency 1 5 BENJAMIN B. WAGNER United States Attorney RICHARD M. ELIAS Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 6 Doc. 22 Attorneys for Plaintiff 2 3 4 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $5,900.00 IN U.S. ) CURRENCY, ) ) Defendant. ) __________________________________ ) 1:10-CV-00689-AWI-SKO FINAL JUDGMENT OF FORFEITURE 17 Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, the Court finds: 18 1. 19 This is a civil forfeiture action against defendant approximately $5,900.00 in U.S. Currency (hereafter “defendant currency”). 20 2. A Verified Complaint for Forfeiture In Rem was filed on April 15, 2010, alleging that 21 said defendant currency is subject to forfeiture to the United States of America pursuant to 21 U.S.C. 22 § 881(a)(6). 23 24 3. On April 21, 2010, the Clerk issued a Warrant for Arrest for the defendant currency, which was duly executed on April 22, 2010. 25 4. Beginning on April 24, 2010, for at least 30 consecutive days, the United States 26 published notice of this action on the official government forfeiture site www.forfeiture.gov. A 27 Declaration of Publication was filed on July 19, 2010. 28 /// Final Judgment of Forfeiture Dockets.Justia.com 1 2 5. In addition to public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to Cuauhtemoc Delamora. 3 6. Claimant Cuauhtemoc Delamora filed a claim to this action. No other parties have 4 filed claims or answers in this matter, and the time for which any person or entity may file a claim 5 and answer has expired. 6 Based on the above findings, and the files and records of the Court, it is hereby 7 ORDERED AND ADJUDGED: 8 1. 9 between the parties to this action. 10 11 The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 2. Judgment is hereby entered against Cuauhtemoc Delamora and all other potential claimants who have not filed claims in this action. 12 3. Upon entry of a Final Judgment of Forfeiture herein, $2,950.00 of the approximately 13 $5,900.00 in U.S. Currency, together with any interest that may have accrued on that amount, shall 14 be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6), to be disposed of according to 15 law. 16 4. Upon entry of a Final Judgment of Forfeiture herein, but no later than 45 days 17 thereafter, $2,950.00 of the approximately $5,900.00 in U.S. Currency, together with any interest that 18 may have accrued on that amount, shall be returned to claimant Cuauhtemoc Delamora through his 19 attorney Victor M. Perez at 1304 W. Center Street, Visalia, California 93291, (559) 625-2626. 20 5. Plaintiff United States of America and its servants, agents, and employees, and all 21 other public entities, their servants, agents, and employees, are hereby released from any and all 22 liability arising out of or in any way connected with the arrest, seizure, or forfeiture of the defendant 23 currency. This is a full and final release applying to all unknown and unanticipated injuries, and/or 24 damages arising out of said arrest, seizure, or forfeiture, as well as to those now known or disclosed. 25 The parties to this stipulation agree to waive the provisions of California Civil Code § 1542. 26 27 28 6. There was reasonable cause for the seizure and arrest of the defendant currency and that the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. 7. All parties are to bear their own costs and attorneys’ fees. 2 Final Judgment of Forfeiture 1 2 3 8. The Court shall maintain jurisdiction to enforce the terms of the Final Judgment of Forfeiture. 9. There are no other terms or conditions other than those specified herein. 4 5 CERTIFICATE OF REASONABLE CAUSE 6 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed April 15, 7 2010, and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this 8 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for 9 seizure of the defendant currency. 10 11 12 13 14 IT IS SO ORDERED. Dated: 0m8i78 April 5, 2011 CHIEF UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Final Judgment of Forfeiture