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

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PAUL K. CHARLTON United States Attorney District of Arizona LISA ROBERTS Assistant U.S. Attorney Member of New York Bar Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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United States of America CR-03-421-001-PHX-SMM Plaintiff, v. John Fitzgerald Harris, Defendant. Plaintiff, United States of America, respectfully moves this Court to enter a Final Order of Forfeiture in the above-styled case for the following reasons: 1. On February 24, 2005, the Court entered a Preliminary Order of Forfeiture ordering Forfeiture of personal property of John Fitzgerald Harris, based upon a plea agreement wherein said Defendant pled guilty, to Counts 1, 2, 11 and 12 of the Superceding Indictment charging defendant with a violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(A)(2), Conspiracy to Possess with the Intent to Distribute 5 kilograms or more of Cocaine, 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(A)(iii), Conspiracy to Possess with the Intent to Distribute 50 grams or more of Cocaine Base, and 18 U.S.C. §§ 922(g)(1) and 924(a)(2), Felon in Possession of a Firearm or Ammunition, the Court finding that Defendant agreed to the forfeiture of personal property in the Indictment as stated in the Plea Agreement. 2. The February 24, 2005 Preliminary Order of Forfeiture forfeited to the United States the Defendant's interest in the following: (1) Glock 20, 10 mm. Handgun, serial #CZE237, MOTION FOR FINAL ORDER OF FORFEITURE

Case 2:03-cr-00421-SMM

Document 548

Filed 02/07/2006

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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 3. By virtue of the plea agreement, the United States has established that the defendant has an interest in the property subject to forfeiture. 4. Pursuant to 21 U.S.C. § 853(n), third parties asserting a legal interest in the abovedescribed forfeited property are entitled to a judicial determination of the validity of the legal claims or interests they assert. 5. Pursuant to General Order #98-15, the United States Department of the Treasury, published notification of the Court's Order in a Criminal Case of Notice of Ancillary Proceeding and Seizure of Forfeited Properties in the Arizona Business Gazette on May 12, May 19 and May 26, 2005. The Affidavit of Publication was filed on June 14, 2005. 6. Said published notice advised all third parties of their right to petition the court within thirty (30) days of the publication date for a hearing to adjudicate the validity of their alleged legal interest. 7. No third parties, have made any claims to, or declared any interest in, the above-

described forfeited property, and the time allowed has expired. /// /// ///

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Case 2:03-cr-00421-SMM

Document 548

Filed 02/07/2006

Page 2 of 3

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WHEREFORE, the United States moves this Court for a Final Order of Forfeiture declaring the property forfeited as to all parties and vesting full right, title and interest in the property in the United States and directing the United States Marshals Service dispose of the property according to law. DATED this 7th day of February, 2006.

PAUL K. CHARLTON United States Attorney District of Arizona S/Lisa Roberts LISA ROBERTS Assistant U.S. Attorney

Case 2:03-cr-00421-SMM

Document 548

Filed 02/07/2006

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