Free Order on Motion for Forfeiture of Property - District Court of Arizona - Arizona


File Size: 30.6 kB
Pages: 3
Date: February 14, 2006
File Format: PDF
State: Arizona
Category: District Court of Arizona
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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-03-421-001-PHX-SMM Plaintiff, FINAL ORDER OF FORFEITURE v. John Fitzgerald Harris, Defendant. ON motion of plaintiff for a Final Order of Forfeiture and the Court determining that there is no just reason for delaying entry of a Final Order of Forfeiture; and the Court, having entered a Judgment in a Criminal Case on April 28, 2005, which forfeited all interest of the defendant, John Fitzgerald Harris in the following: (1) Glock 20, 10 mm. Handgun, serial #CZE237, one (1) Norinco Mac 90, 7.62 x 39 rifle, serial #9449112, one (1) Glock 21, .45 caliber handgun, serial # EDD487, one (1) Sturm-Ruger P95 9mm. handgun, serial #314-41566, (1) Sturm-Ruger P95 9mm. handgun, serial #313-88410, 1995 Dodge Ram 1500, VIN 1B7HC16Y4SS147068 AND, the Court further finding from an examination of the record herein that the United States, on May 12, May 19 and May 26, 2005, published notice in the Arizona Business Gazette, of this forfeiture and the intent of the United States to dispose of the personal property in accordance with the law, and further notifying all third parties of their right to petition the Court

Case 2:03-cr-00421-SMM

Document 550

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within thirty (30) days for a hearing to adjudicate the validity of their alleged legal interest in the property; AND, it appearing from the record that no other claims, contested or otherwise, have been filed for the aforesaid personal property, the time allowed has expired and plaintiff is entitled to judgment of forfeiture with respect to the interests of all other persons. AND, the court further finding that by virtue of the plea agreement the United States has established that the defendant has an interest in the property subject to forfeiture. IT IS ORDERED, ADJUDGED and DECREED that all right, title and interest to the following personal property: (1) Glock 20, 10 mm. Handgun, serial #CZE237, one (1) Norinco Mac 90, 7.62 x 39 rifle, serial #9449112, one (1) Glock 21, .45 caliber handgun, serial # EDD487, one (1) Sturm-Ruger P95 9mm. handgun, serial #314-41566, (1) Sturm-Ruger P95 9mm. handgun, serial #313-88410, 1995 Dodge Ram 1500, VIN 1B7HC16Y4SS147068 is hereby forfeited to the United States of America, in accordance with 18 U.S.C. § 924(d) and 28 U.S.C. § 2461; IT IS FURTHER ORDERED that the United States District Court shall retain jurisdiction in this case for the purpose of enforcing this Order; and IT IS FURTHER ORDERED that the Clerk of the Court shall forward a certified copy of this Order to the United States Attorney's Office, Attn.: Lisa Roberts, 40 N. Central Avenue, Suite 1200, Phoenix, AZ 85004-4408. /// ///

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IT IS FURTHER ORDERED that the United States Marshals Service is directed to dispose of the forfeiture according to law.

DATED this 12th day of February, 2006.

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