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United States v. Silva

September 29, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ERASMO SILVA, DEFENDANT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

FINAL ORDER OF FORFEITURE

WHEREAS, on or about August 7, 2008, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 21 U.S.C. § 853, 18 U.S.C. § 924(d), and 28 U.S.C. § 2461(c), based upon the plea agreement entered into between plaintiff and defendant Erasmo Silva forfeiting to the United States the following property:

a. A 2006 BMC Bobber 88 Motorcycle, VIN: 1B9HB28806B565050*fn1, Paper Tags, or any net proceeds from the sale of this motorcycle;

b. A 2000 Suzuki Hayabusa GSX 1300 Motorcycle, VIN: JS1GW71A6Y2107464, License Number 17S3017;

c. 1999 Custom Motorcycle, VIN: 5CDFKB524XG001186, License Number 17E1659;

d. Approximately $3,100.00 in United States Currency;

e. Smith and Wesson, .357 caliber revolver, serial number ACJ9370;

f. IMEZ 9mm pistol, serial number AEC8908; a High Standard .22 caliber, semi-automatic pistol;

g. Taurus 9mm caliber handgun, PT99AF; and

h. Smith and Wesson, .40 caliber, semi-automatic pistol, serial number EKZ8621.

AND WHEREAS, on August 25, September 1 and 8, 2008, the United States published notice of the Court's Order of Forfeiture in The Business Journal (Fresno County), a newspaper of general circulation located in the county in which the above-listed properties were seized. Said published notice advised all third parties of their right to petition the Court within thirty (30) days of the publication date for a hearing to adjudicate the validity of their alleged legal interest in the forfeited properties;

AND WHEREAS, the United States sent direct written notice by certified mail to the following persons or entities known to have an alleged interest in the above-listed properties: Freedom Rider of Fresno;

AND WHEREAS, Freedom Rider of Fresno joined with the United States on April 2, 2008, in a Motion for Interlocutory Sale alleging a lien holder interest in item (a) listed above. On August 27, 2008, Freedom Rider of Fresno was paid in satisfaction of their lien.

AND WHEREAS, the Court has been advised that no other third party has filed a claim to the subject properties and the time for any person ...


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