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United States v. Six Firearms And Ammunition

United States District Court, D. Montana, Missoula Division

May 4, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
SIX FIREARMS AND AMMUNITION, Defendant.

          ORDER

          Dana L. Christensen, Chief Judge

         This matter is brought before this Court by Plaintiff, United States, by and through its attorney, Victoria L. Francis, Assistant U.S. Attorney for the District of Montana. The United States has filed a Motion for Entry of Default Judgment and Order of Forfeiture pursuant to Fed.R.Civ.P. 55(b)(2) (Doc. 17). Upon considering the pleadings filed herein, the Court makes the following Findings of Fact and Conclusions of Law.

         FINDINGS OF FACT

         1. On February 15, 2018, the United States instituted a judicial forfeiture action by filing in this cause a Verified Complaint in Rem against the defendant firearms, consisting of the following property involved in a violation of 18 U.S.C. § 922(g)(8), and subject to forfeiture pursuant to 18 U.S.C. § 924(d)(1):

• Rugar P85 Pistol, CAL:9, Serial No. 300-27518;
• Marlin Firearms Co. 70 Rifle, CAL;22, Serial No. 16388744;
• Remington 870 Express Magnum Shotgun, CAL;20, Serial No. B842275U;
• Winchester 70 Rifle, CAL:7, Serial No. G2205890;
• CBC 817 Rifle, CAL:17, Serial No. HHD041363;
• Winchester 70 XTR Featherweight Rifle, CAL;280, Serial No. G1748613; and
• 16 rounds unknown assorted ammunition.

         2. On February 26, 2018, the ATF Special Agent Kyle Solon, executed the Warrant of Arrest in Rem (Doc 4) that was issued by this Court on February 22, 2018, and arrested the defendant firearms. (Doc. 5.)

         3. On February 22, the United States provided "direct notice" of this civil asset forfeiture action to Gloria Nixon and Justin Ivins on February 22, 2018, by mailing the Notice of Complaint for Forfeiture and Verified Complaint In Rem (Doc. 2) via first class U.S. mail and Certified mail to the address provided in Gloria Nixon's administrative claim, (See Docs 10-1; 10-2), and the address provided by law enforcement for Justin Ivins, at the location from where some of the defendant firearms were seized.. (See Docs. 10-3; 10-4).

         4. On March 8, 2018, the United States provided "direct notice" of this civil asset forfeiture action to known potential claimants, Tammy Ivins, and Shawna Jones, by mailing the Notice of Complaint for Forfeiture and Verified Complaint In Rem (Doc. 2) via first class U.S. mail and Certified mail to the address Tammy Ivins provided directly to the U.S. Attorney's Office, (See Docs. ...


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