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U.S. v. $1

United States District Court, S.D. California


September 28, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
$1,383.00 IN U.S. CURRENCY, Defendant.

The opinion of the court was delivered by: THOMAS WHELAN, District Judge

ORDER GRANTING JUDGMENT OF FORFEITURE BY DEFAULT

Whereas, on December 27, 2004, the United States filed a Complaint for Forfeiture against $1,383,00 in U.S. currency.

  WHEREAS, On January 6, 2005 and May 13, 2005, the United States served Notice of Complaint and a copy of the Complaint for Forfeiture by certified mail on the following potential claimant at the addresses of record: Name and address Article No. Result Anthony Asaro 70031680000429732240 No Receipt Returned CDC #P37143 FAC 5-21-229UP Donovan Correctional Facility 480 Alta Road San Diego, CA 92179 Anthony Asaro 70042510000330150032 No Receipt Returned 1505 South Grade Road Alpine, CA 91901 WHEREAS, on February 4, February 11, and February 18, 2005, pursuant to Rule C(4), Supplemental Rules for Certain Admiralty and Maritime Claims, notice was published in the San Diego Daily Transcript.

  WHEREAS, from the time of said notice, no claim or answer has been filed regarding the above-named defendant.

  WHEREAS, on April 15, 2005, pursuant to the government's request for Clerk's Entry of Default, the District Court Clerk's Office entered a Default in this case.

  WHEREAS, on August 18, 2005, the United States filed its Notice of Motion and Motion for Judgment by Default to be heard September 26, 2005. Potential claimant, Anthony Asaro, pro per, was served notice of the Motion for Judgment by Default.

  WHEREAS, no responsive pleadings to contest the default have been filed.

  WHEREAS, pursuant to the Civil Forfeiture Reform Act of 2000, the burden of proof in civil forfeiture cases is a preponderance of the evidence and here the government's evidence for forfeiture is provided in the declaration of Drug Enforcement Administration Agent Nancy Zuniga-Ryan, signed under penalty of perjury and incorporated into the Complaint for Forfeiture. The evidence provided by Special Agent Ryan is undisputed by any claimant. The government has shown by a preponderance of the evidence that the defendant currency was property involved in transactions and violations of Title 21, United States Code, Section 881(a) (6). Because this evidence provided by Special Agent Ryan is undisputed by any party, the government has proven its case by a preponderance and has established the requisite nexus between the currency and the events.

  THEREFORE, GOOD CAUSE APPEARING:

  The defendant currency is hereby condemned and forfeited to the United States.

20050928

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