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United States v. Svendsen

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


May 24, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMES CHARLES SVENDSEN, AND KURT GERARD ENGLEHARDT, DEFENDANTS.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

FINAL ORDER OF FORFEITURE

WHEREAS, on or about February 16, 2010, and February 24, 2010, this Court entered a Preliminary Order of Forfeiture pursuant to the provisions of 18 U.S.C. § 2253, based upon the plea agreement entered into between plaintiff and defendants James Charles Svendsen and Kurt Gerard Englehardt forfeiting to the United States the following property:

a) Miscellaneous equipment and supplies used to manufacture marijuana plants, including plastic plant starter trays, indoor plant grow lights, ballasts, irrigation equipment, camping equipment, ground processing tools, and plastic tubs.

AND WHEREAS, beginning on February 17, 2010, and February 25, 2010, for at least 30 consecutive days the United States published notice of the Court's Orders 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), to be disposed of according to law, including all right, title, and interest of James Charles Svendsen and Kurt Gerard Englehardt.

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

3. The United States Marshals Service shall maintain custody of and control over the subject property until it is disposed of according to law.

SO ORDERED this 24th day of May, 2010.

20100524

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