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United States v. Six Firearms

United States District Court, D. Montana, Great Falls Division

May 31, 2019

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

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

          BRIAN MORRIS UNITED STATES DISTRICT COURT 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 Judgment and Order of Forfeiture pursuant to Fed.R.Civ.P. 55(b)(2). Upon considering the pleadings filed herein, the Court makes the following Findings of Fact and Conclusions of Law.

         FINDINGS OF FACT

         1. On March 27, 2019, the United States instituted a judicial forfeiture action by filing in this cause a Verified Complaint in Rem against the defendant firearms and ammunition, consisting of the following property involved in a violation of 18 U.S.C. § 922(g)(1), and subject to forfeiture pursuant to 18 U.S.C. § 924(d):

. CBC 715T Rifle, Cal:22, SN: ELK3557231
. Ruger MINI 14 Ranch Rifle, Cal:223, SN: 195-59647
. Unknown Manufacturer SKS Rifle, Cal:762, SN: 70916742
. Unknown Manufacturer Unknown Rifle, Cal:22, SN: EG9952
. Savage Arms Inc., 62 Rifle, Cal:22, SN: L304781
. Unknown Manufacturer SKS Rifle, Cal: 762, SN: 8169646
. 5972 rounds assorted ammunition, Cal: Assorted.

         2. On April 1, 2019, Agent Jacquie Sutton executed the Warrant of Arrest in Rem (Doc. 4) that was issued by this Court on April 1, 2019, and arrested the defendant property. (Doc. 5, Declaration of Arrest).

         3. On March 27, 2019, the United States provided notice of this civil asset forfeiture action, by mailing the Notice of Complaint for Forfeiture In Rem (Doc. 3) and Verified Complaint In Rem (Doc. 1) to Candice Howard and Jonathan Kellems, via first class U.S. mail and Certified mail, to the address provided in Ms. Howard's administrative claim as well as the addresses provided by law enforcement (See Doc. 8, ex.s 1-4).

         4. Notice of this forfeiture action was also provided to known and unknown potential claimants by publishing on the government's asset forfeiture website the Notice of Forfeiture Action for 30 consecutive days, beginning on March 29, 2019, and ending on April 27, 2019. The ...


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