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United States v. Twenty Firearms and 539 Rounds of Multi-Caliber Ammunition

United States District Court, D. Montana, Butte Division

January 30, 2018

UNITED STATES OF AMERICA,, Plaintiff,
v.
TWENTY FIREARMS AND 539 ROUNDS OF MULTI-CALIBER AMMUNITION, Defendants.

          FINDINGS OF FACT, CONCLUSIONS OF LAW, DEFAULT JUDGMENT, AND ORDER OF FORFEITURE

          Sam E. Haddon United States District Judge.

         Plaintiff, the United States of America, has moved for an entry of default judgment pursuant to Fed.R.Civ.P. 55(b)(2). Upon considering the pleadings filed herein, the Court hereby makes the following Findings of Fact and Conclusions of Law:

         FINDINGS OF FACT

         1. On January 23, 2017, Plaintiff, United States of America, filed in this cause its Amended Verified Complaint for Forfeiture In Rem (Doc. 2) against the defendant firearms and ammunition, consisting of the following property involved in a violation of 18 U.S.C. § 922(g)(1), and 18 U.S.C. § 922(a)(1)(A), and subject to forfeiture pursuant to 18 U.S.C. § 924(d):

1. DPMS INC. (Defense Procurement MFG. Services) A15 Rifle CAL:223SN:FH194471;
2. Gunwerks LLC LR-1000 Rifle CAL:.22-243 SN:C2463;
3. Remington Arms Company, INC. 700 AAC-SD Rifle CAL.308 SN:G7060562;
4. Remington Anns Company, INC. 700 Rifle CAL:300 SN:S6582620;
5. Savage 111 Rifle CAL:300 SN:J070548;
6. Remington Arms Company, Inc., 700 LH Rifle CAL:270 SN:A6827688;
7. Ruger Mini 14 Ranch Rifle Rifle CAL:223 SN: 187-00787;
8. Stiller's Precision Firearm, LLC (SPF) B-23 Rifle CAL: 6.5 Creedmore SN:PTG0106;
9. Browning X-Bolt Rifle CAL: 6.5 Creedmore SN:32978ZV354;
10. Winchester 70 Sporter Rifle CAL: 22-250 SN:G2081542;
11. Noble MFG. CO. 70D Shotgun CAL:410 SN: None;
12. Smith & Wesson 657 Revolver CAL:41 SN:BHB5068;
13. Heckler and Koch P2000SK Pistol CAL:40 SN: 122-018076;
14. Smith & Wesson M&P 40 Pistol CAL:40 SN:CPD1616;
15. Smith & Wesson M&P 40C Pistol CAL:40 SN:DWS0526;
16. Stiller's Precision Firearm, LLC (SPF) TAC338 G5 Receiver CAL: Unknown SN:TB31044;
17. Browning A-Bolt Rifle CAL:300 SN:36307MZ351;
18. TIKKA (OY TIKKAKOSKI AB) T3 Rifle CAL:22-250 SN:J99220;
19. Winchester 70 Rifle CAL:300 SN:G2461760;
20. Shadow OPS Weaponry, LLC SHDW-15B Rifle CAL: Unknown SN:15B-4613.

         Ammunition: 514 rounds of assorted multi-caliber ammunition; 19 rounds Smith & Wesson 40-caliber ammunition; and 6 rounds Speer 40-caliber ammunition.

         2. The Court issued a Warrant of Arrest In Rem (Doc. 7) and the defendant property was arrested on February 8, 2017. (Doc. 8).

         3. Examination of the Court files and records in this case shows that pursuant to Rule G(4)(b)(v) of the Supplemental Rules of Admiralty or Maritime Claims and Asset Forfeiture Actions, the United States provided "direct notice" of this forfeiture proceeding on January 27, 2017, by USPS First Class mail and Certified mail to all known potential claimants: Nolan Barbisan, Chris Kleppen, Danica Lewis, Michael McAulliffe, Mitchell Urdahl, Robert Wilkes, William Lewis, Patrick Pardy, Edward Wasson, Dennis Griffin, and Linda Metcalf, Dustin Butler, David Barbisan, Austin King, Linda Waliser, Sam Wood, and Dennis Gentry, Gentry Custom LLC (Doc. 3, ) to the addresses provided by law enforcement.

         4. The original mailings for Patrick Pardy, Edward Wasson, and William Lewis, were returned as undeliverable as addressed. An internet search was conducted for the current addresses and on March 3, 2017, the United States provided "direct notice" of this forfeiture action by sending via first-class U.S. mail and certified mail copies of the Notice to Amended Verified Complaint for Forfeiture in Rem to Potential Claimant's New Address (Doc. 12) and Amended Verified Complaint in Rem (Doc. 2).

         5. The original mailing for Dennis Griffin was returned as undeliverable as addressed. An internet search was conducted for Dennis Griffin's current address and on April 14, 2017, the United States provided "direct notice" of this forfeiture action by sending via first-class U.S. mail and certified mail copies of the Notice to Amended Verified Complaint for Forfeiture in Rem to ...


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