United States District Court, D. Montana, Missoula Division
L. Christensen, Chief Judge
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.
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.
• Remington 870 Express Magnum Shotgun, CAL;20, Serial
• 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.
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.)
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).
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. ...