United States District Court, D. Montana, Great Falls Division
FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT, AND
ORDER OF FORFEITURE
MORRIS UNITED STATES DISTRICT COURT 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 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.
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:
. Unknown Manufacturer SKS Rifle, Cal:762,
. Unknown Manufacturer Unknown Rifle,
Cal:22, SN: EG9952
. Savage Arms Inc., 62 Rifle, Cal:22, SN:
. Unknown Manufacturer SKS Rifle, Cal: 762,
. 5972 rounds assorted ammunition, Cal:
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).
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).
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 ...