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United States v. Fox

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 18, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROBERT JAMES FOX, DEFENDANT.

FINAL ORDER OF FORFEITURE

WHEREAS, on February 4, 2010, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 21 U.S.C. 853(a), 31 U.S.C. § 5332(c) and 28 U.S.C. § 2461(c), based upon the plea agreement entered into between plaintiff and defendant Robert James Fox forfeiting to the United States the following property:

a. Approximately $2,670.00 in U.S. Currency.

AND WHEREAS, beginning on February 12, 2010, for at least 30 consecutive days, the United States published notice of the Court's Order of Forfeiture on the official internet government forfeiture site www.forfeiture.gov. Said published notice advised all third parties of their right to petition the court within sixty (60) days from the first day of publication of the notice for a hearing to adjudicate the validity of their alleged legal interest in the forfeited property;

AND WHEREAS, the Court has been advised that no third party has filed a claim to the subject property, and the time for any person or entity to file a claim has expired.

Accordingly, it is hereby ORDERED and ADJUDGED:

1. A Final Order of Forfeiture shall be entered forfeiting to the United States of America all right, title, and interest in the above-listed property pursuant to 21 U.S.C. 853(a), 31 U.S.C. § 5332(c) and 28 U.S.C. § 2461(c), to be disposed of according to law, including all right, title, and interest of Robert James Fox.

2. All right, title, and interest in the above-listed property shall vest solely in the United States of America.

3. The Department of Homeland Security, Customs and Border Protection shall maintain custody of and control over the subject property until it is disposed of according to law.

4. Within forty-five (45) days from entry of this Final Order of Forfeiture forfeiting the above-listed property, the U.S. Customs and Border Protection shall return the following properties to defendant Robert James Fox, less any debt owed to the United States, any agency of the United States, or any other debt which the United States is authorized to collect:

a. Approximately $300.00 in Canadian Currency, and

b. Approximately $100.00 in U.S. Traveler's Check.

SO ORDERED this 18th day of May, 2010.

20100518

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